teen falls down manhole in NYC

[done]

Anyone see this article?

http://www.msnbc.msn.com/id/31853449/ns/local_news-new_york_ny/?GT1=43001

The kid is txting and walks right into an open manhole cover. Her parents are going to sue the city.

I am a bit torn. While I think the workers should have had this manhole marked with a cone or something, i have to wonder. What if trips over a curb, goes walking out into busy traffic, walks into a building? At what point does personal responsibility pick up?

I am luckily spared for now in my oldest daughter is 7, I have a few years (at the earliest) before I will allow them to have a phone. I would like to think though, that put in the same position, I would count myself lucky she was not more seriously hurt and take her txt plan away, or block txt capability on her phone.  

[nateobot]

What are they suing for?  The girl was scared, but not injured (other than a couple scratches).  I think that the press coverage is enough that they will learn their lesson and I am guessing the workers got chewed out and/or fired.  Is a lawsuit necessary?

[.dsaavedra.]

i don't really think it was her fault. they DEFINITLEY should have had some kind of warning or barricade around the open hole.

now, if she was looking at her phone and walked into traffic, well thats just dumb... ;D

see, traffic, cars, buildings, curbs, etc are things people consciously avoid walking into, but i don't think people consciously avoid manholes because 99 percent of the time there is a cover on them, or at least some yellow tape or a cone.

[grimlin]

I hate to think in a few years she'll be driving while trying to text her friends.

I hate cell phones....i absolutely despise them.I can tell you how many times i seen co-workers trip over something because they weren't watching where they were going.

I once saw somebody walk right into a car doing that....funniest thing i ever saw.I laughed so loud I made sure he was embarrassed.

[Other.]

She was staring at her phone tuning the real world out and only paying attention to what ever drama was going on with her friends. She probably would not of noticed a couple of cones unless there was yellow tape going around. Besides a 5-6 foot fall is nothing serious. Obviously she was fine if she was able to pull herself back up out of the manhole. It's not all her fault and personally the city should pay what ever insurance does not cover for the hospital but I don't want to see this turn into an other one of those things where someone sues for $2 million dollars over something so very little.

[bass wrangler569]

That is BS. Yeah, it should have been marked, but that doesn't change the fact that she's still a dumb@$$ for not paying attention to where she was going. Some people's inability to take responsibility for their own actions amazes me. Everyone is sue happy  :

Personally, if I walked into a man hole cover, I would find it highly amusing as long as I wasn't hurt.  

[Maxximus Redneckus]

Anyone see this article?

http://www.msnbc.msn.com/id/31853449/ns/local_news-new_york_ny/?GT1=43001

The kid is txting and walks right into an open manhole cover. Her parents are going to sue the city.

I am a bit torn. While I think the workers should have had this manhole marked with a cone or something, i have to wonder. What if trips over a curb, goes walking out into busy traffic, walks into a building? At what point does personal responsibility pick up?

I am luckily spared for now in my oldest daughter is 7, I have a few years (at the earliest) before I will allow them to have a phone. I would like to think though, that put in the same position, I would count myself lucky she was not more seriously hurt and take her txt plan away, or block txt capability on her phone.

HAAA personal responsibility in America is a joke

[Tokyo Tony]

The city should counter-sue with the intention of a forcible tube-tying ruling so that she can't procreate and have other little idiots running around who don't take responsibility for anything.

Yes - there should have been cones or tape or something. However, it was 99% the girl's fault. Now if an old, half-blind woman walked into it, I would have to side with her.

[daviscw]

This is exactly the reason NC is implementing a "No texting while driving" law December 31st of this year.

[bass wrangler569]

The city should counter-sue with the intention of a forcible tube-tying ruling so that she can't procreate and have other little idiots running around who don't take responsibility for anything.

quote]

Amen dude you are the man!  

[guitarkid]

The city should counter-sue with the intention of a forcible tube-tying ruling so that she can't procreate and have other little idiots running around who don't take responsibility for anything.

Yes - there should have been cones or tape or something. However, it was 99% the girl's fault. Now if an old, half-blind woman walked into it, I would have to side with her.

X3

          -gk

[Eddie Munster]

As a society, we're taking Darwin out of the equation and keeping too many of the stupid/unfit alive.

[Sam]

When walking you do not expect to encounter hazards that are out of the ordinary.

The question is will the individual pass the reasonable man test?

If so, she has a case.  If not, no case.

When walking, one does not expect to fall into an open hole.  

[Koop]

I agree, that girl probably walked that route several times.  She didn't expect an unmarked manhole to suddenly be there.  There was no reason for her to expect that she couldn't send a text message while walking...

Though suing is a bit ridiculous, if she had been injured I could see it but just scared... that's BS.  

People have become so sue happy its ridiculous.

My grandfather was sued by a door to door salesman, who came onto his property that was marked with "No Trespassing" signs, walked up to his door and slipped on some ice.  Now my grandfather when this happened was in his early 80's, it was 8am that this man slipped, he hadn't made it out to salt his walkway yet... what a ***** crock.  Thankfully the judge threw it out and rewarded my grandfather lawyer and court costs to be payed by the salesman

[done]

I agree, that girl probably walked that route several times. She didn't expect an unmarked manhole to suddenly be there. There was no reason for her to expect that she couldn't send a text message while walking...

Though suing is a bit ridiculous, if she had been injured I could see it but just scared... that's BS.

People have become so sue happy its ridiculous.

My grandfather was sued by a door to door salesman, who came onto his property that was marked with "No Trespassing" signs, walked up to his door and slipped on some ice. Now my grandfather when this happened was in his early 80's, it was 8am that this man slipped, he hadn't made it out to salt his walkway yet... what a ***** crock. Thankfully the judge threw it out and rewarded my grandfather lawyer and court costs to be payed by the salesman

That is awesome man. I would have expected it to end the other way around. I have seen some retarded law suits win folks some serious money. It is great that your grandfather won out.

[tyrius.]

This case would seem pretty clear cut.  The workers are wrong in not putting up cones/tape/whatever warning pedistrians of an open manhole cover.  It is not reasonable to assume that one will watch where they are putting each step.  The texting portion of this is irrelevant.  If a car full of hot chicks drove by and you turned your head to look at it and fell in the case would be the same.

However, she didn't appear to suffer any damages so there will be no case.  If she broke a leg of something the city/workers would've been liable.  

People say that they are going to sue for a lot of things that they have no hope of winning and they will end up not suing.  My guess is that no suit will be brought in this case and the news will not cover that portion of the "story'.

[tyrius.]

The city should counter-sue with the intention of a forcible tube-tying ruling so that she can't procreate and have other little idiots running around who don't take responsibility for anything.

So, you're going to punish the kid for what the mom said?  It was the mom's quote about suing and not the girl who fell in the hole.

[tyrius.]

My grandfather was sued by a door to door salesman, who came onto his property that was marked with "No Trespassing" signs, walked up to his door and slipped on some ice. Now my grandfather when this happened was in his early 80's, it was 8am that this man slipped, he hadn't made it out to salt his walkway yet... what a ***** crock. Thankfully the judge threw it out and rewarded my grandfather lawyer and court costs to be payed by the salesman

In IL homeowners are not responsible for people falling on natural accumulations of snow and ice.  There is a specific law on the books making these types of suits extremely difficult.

[Maxximus Redneckus]

I have seen some people open manholes and leave it that way .Maybe our prez should have a manhole cover security detail in America .id say 60 billion should cover it.They have manhole security detail when he visits citys, towns!!!!

[tyrius.]

I have seen some people open manholes and leave it that way .

And you didn't cover it up?

Maybe our prez should have a manhole cover security detail in America .id say 60 billion should cover it.They have manhole security detail when he visits citys, towns!!!!

Hmm, the "normal" person will likely see a stark difference between city workers leaving a manhole cover open and a criminal doing the sme.  In one the city is responsible for the cover being opened in the other they aren't.  Clear?

[Maxximus Redneckus]

I have seen some people open manholes and leave it that way .

And you didn't cover it up?

Maybe our prez should have a manhole cover security detail in America .id say 60 billion should cover it.They have manhole security detail when he visits citys, towns!!!!

Hmm, the "normal" person will likely see a stark difference between city workers leaving a manhole cover open and a criminal doing the sme. In one the city is responsible for the cover being opened in the other they aren't. Clear?

the point was maybe a city worker didnt leave it open and prankster(a-hole) just opened itWho knows??? .you ever try moving a man hole cover alone with barehands???

[tyrius.]

the point was maybe a city worker didnt leave it open and prankster(.) just opened itWho knows??? .you ever try moving a man hole cover alone with barehands???

Guess you didn't read the article then.  It clearly stated who opened it.

[moby bass]

The workers were in the process of putting cones around the sight.

IMHO there is no case here. You just can't fix stupid.

[J Francho]

The workers were in the process of putting cones around the sight.

 If this is true, then they were negligent.  Their process is to put up the cones 1st, then open the hole.

[Tokyo Tony]

The city should counter-sue with the intention of a forcible tube-tying ruling so that she can't procreate and have other little idiots running around who don't take responsibility for anything.

So, you're going to punish the kid for what the mom said? It was the mom's quote about suing and not the girl who fell in the hole.

Yes, in order to prevent her from becoming a sue-happy idiot mother as well.

My original, hyperbolically stated point above is that the average person on the street doesn't responsibility for anything. Instead of saying, "Oops, I'm an idiot, how embarrassing," It's, "Oops - you just caused me to sue you."