She might be 100% responsible for her injury, at first glance. But, looking more closely at the video, the city crew working in the hole is partly responsible, imho. No warning signs, or warning barriers, surrounding the wide open hole. Zero.

http://start.att.net/player/ca..._sidewalk_doors-5min

I see a barrier. She falls over it, as a matter of fact.

quote:

Originally posted by 12131:
She might be 100% responsible for her injury, at first glance. But, looking more closely at the video, the city crew working in the hole is partly responsible, imho. No warning signs, or warning barriers, surrounding the wide open hole. Zero.

http://start.att.net/player/ca..._sidewalk_doors-5min

Bullshit. There is a freckling metal wall. Stupid is stupid. Open your freaking eyes.

Now in todays world how know but people need to take some responsibility. It is was just the hole and nothing around it ok but there is a fracking metal barrier.

She should be charged stupid tax.

Latest is "she is legally blind"; but as I understand that definition, she can see. So, if I'm on the jury, she is as negligent as the guy that opened the hole. - case dismissed, they f'ed up and you f'ed up. Equal.

quote:

Originally posted by Sailor1911:
Latest is "she is legally blind"

And texting om a small screen?

Yes, she is suing. It is being reported by her lawyer she had a phone app malfunction. She was using the Sidewalk Hole Early Detection Universally Managed By Alerting Safety and Security app. You can find this app online by searching the online store for SHEDUMBASS, they need a new beta tester.

quote:

Originally posted by parabellum:
I see a barrier. She falls over it, as a matter of fact.

Berrier wasn't high enough .

quote:

Originally posted by Sailor1911:
Latest is "she is legally blind"; but as I understand that definition, she can see. So, if I'm on the jury, she is as negligent as the guy that opened the hole. - case dismissed, they f'ed up and you f'ed up. Equal.

A real blind person would have felt the barriers with their cane and avoided the fall. Only seeing people stare at their phones while walking.

She should get a seeing eye dog so she can walk and text. Probably covered under the ACA.

Her attorney is going to argue that there should have been barriers around the hole that a distracted person should have hit prior to being able to fall into the hole. He'll probably also argue that the doors weren't tall enough to prevent someone from falling in, and thus are not an adequate barrier.

The defense attorney should counter with it is her responsibility to watch where she is walking on a public street

Isn't there an App that warns you that you're about to do a stupid thing?

And this why people nowadays need stupid crap in their cars like "brake assist."

Maybe we should all just ride around on scooters that are auto operated by Google so stuff like this never happens again.

quote:

Originally posted by 2012BOSS302:
Yes, she is suing. It is being reported by her lawyer she had a phone app malfunction. She was using the Sidewalk Hole Early Detection Universally Managed By Alerting Safety and Security app. You can find this app online by searching the online store for SHEDUMBASS, they need a new beta tester.

Well played . . . .

There is a reason there's a label on hand held hair dryers that says 'do not use near water'. Having worked for a telephone company in plenty of manholes, I'm fairly confident there should have been more barriers and warnings than the open doors of a hand hole. Some utility worker just got himself screwed. At the minimum, they'll say he should have protected himself from falling dumb asses.

I think we need to have more of these Borg falling into holes, and we need video of it.

Stupid is as stupid does

they need a barrier for their barrier

quote:

Originally posted by bendable:
they need a barrier for their barrier

Just file a grievance with the Department of Redundancy Department.

quote:

Originally posted by 12131:
She might be 100% responsible for her injury, at first glance. But, looking more closely at the video, the city crew working in the hole is partly responsible

New Jersey is a modified comparative fault state.

If the jury decides that she is more at fault than the other party, she gets nothing.

And seeing how she was on her cell phone, her case is going be pretty tough to win.

Even if she is legitimately "legally blind," it's her responsibility to take precautions. E.g. If you are legally blind, you cannot just climb into a car and start driving and expect everyone to get out of your way because you cannot see.