The No Responsibility Society: Suing Because Your Daughter Is Texting So Much She Didn't Notice The Open Manhole
from the houston,-we-have-a-problem dept
A bunch of folks have been sending in various versions of this story -- and I have to admit, it sounds so ridiculous that it reads like an urban legend. I was hesitant to even write about it at first, but with so many mainstream media sources covering it, perhaps it really did happen. Basically, a girl who claims she was so focused on text messaging while working fell into an open manhole in Staten Island. Now, that should be embarrassing enough, but the really crazy part is the claim that the girl's parents are planning to sue the city for not adequately protecting their daughter from herself. At least they're not suing the mobile carrier or mobile device maker as well...Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: responsibility, suing, texting, walking
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Besides, plenty of people have sued cities for falling in an uncovered manhole. Texting or otherwise.
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Re: Cones for Morons
The society of rewarding lazy, moronic, and criminal behavior has to end. Good kids that are poor hang around or work all summer. Delinquents that do drugs and steal get sent to a first class wilderness camp for free (yes I understand that this is for behavior modification reasons but and is cheaper than future imprisonment but it still chafes). A person saves money and plans ahead for retirement and then is taxed on those savings so those that partied and blew every cent can have free money when they no longer work.
Society should be designed so that the strong and rich share and provide for the weak and helpless, not the stupid and selfish.
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Agreed!
Masnick conveniently forgot the part of the story where there were no cones or other safety measures that are required to be there by law. Yes, the girl was a fool for falling into the sewer because she wasn't paying attention and its more than likely she still would have walked right on by the safety warnings if they were there, but since they were not there will be some liability issues for the city.
Im not sure if she should get much more than her hospital bills paid for since she was the idiot who was texting/walking and not paying attention.
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Going with it being unmarked, the city is liable and will probably get sued for 7 figures (the potential for injury was great). The outcome will probably be much less since she should have seen all those people in the bright orange (or yellow) vests and the truck with the yellow flashing light (which may qualify and warning markers in themselves).
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Text messaging isn't a job!
Also, how do they know that she just didn't jump into the manhole to have a story to tell and is now experiencing buyer's remorse and the texting story is just a cover?
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Yet.
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Okay, seriously...
On Planet Spaceball, we would have smiled at the parents and then promptly taken the girl's uterus away, insuring that she would not be able to replicate her stupidity through passage of genetic material.
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Everybody does stupid things. Damning them because of it is a good way to just get rid of everyone.
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Re: Re: Okay, seriously...
....Exactly
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Re: Re: Re: Okay, seriously...
If you walk down a sidewalk, reach a curb but do not see it because you are texting, or the red light telling you not to cross, fall over the curb in front of a truck that has the right-of-way and get killed or seriously injured, I am guessing you want to sue the driver and the city, right?
Let me say again clearly:
PERSONAL RESPONSIBILITY
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Re: Re: Okay, seriously...
Oh, and by the way, based on the definition of the word as seen below from the Collins Essential English Dictionary (but hey, what do they know?), my usage was not only correct, but actually synonymous with yours. So Planet Spaceball is going to go ahead and need your uterus AND yoru keyboard and fingers as a trophy, if you please...
insure
Verb
[-suring, -sured]
1. to guarantee or protect (against risk or loss)
2. (often foll. by against)to issue (a person) with an insurance policy or take out an insurance policy (on): the players were insured against accidents
3. Chiefly US same as ensure
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Re: Okay, seriously...
Please, prettyfuckingplease, continue and don't ever stop!! :D
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What next...
Incidentally, I was behind a white car yesterday that was going 30 mph in a 45 zone!!! The road merged with another road that had three lanes. You know where this is going. The lady (or girl - she looked teens or twenties to me) was texting. I glanced in my rear view mirror after I passed her and watched her weave into the next lane and back again - I guess driving was getting in between her and her important text.
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Re: What next...
So, on most roads, there's a speed limit, not a minimum. I'm not sure what you're complaining about.
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This is besides the point, which is that she was texting and driving -- that was irresponsible.
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what country are you in? In most states of America you will get pulled over of hazardous driving if you are going 10 under without having caution signs and/or emergency lights flashing
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Anyone going more 15 mph under the speed limit is required by law to have their hazard lights on.
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You can stop right there. Nothing else needs to be said.
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Actually in most places there actually is a minimum, typically anything greater than ten under is a violation, weather permitting, and i have heard of people getting tickets for being grossly (35 on a freeway) under the speed limit, though it is very rare, since IIRC the law is mentioned once in most driver's manuals and no where else, since its assumed that common sense means you don't drive that slow.
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1 less moron clogging up the road
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Re: Re: What next...
If you are going slower than the speed limit, then you need to mark yourself a road hazard, usually through the use of emergency lights, and get as out of the way of regular traffic as possible (i.e. pulling over as right on the road as you can).
If you are going too fast, you are can be charged with reckless driving ... too slow, and you are "impeding the flow of traffic" or "creating a road hazard". Either way, going too slow is illegal if they didn't properly mark themselves as being a road hazard.
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Re: Re: What next...
Actually, on most roads, there's both.
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Haha, yeah, the lesson she should have learned is that too much texting will get you in some deep shit...
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witty masters
LMAO
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There are a dozen ways someone can accidentally fall into a hole in the ground that isn't marked. Perhaps a business man looking at some report, a tourist looking at the buildings and not where he is walking, some kid fooling around with friends walking backwards while they are talking, ect
All unsafe and stupid things to do but people aren't practicing safe and smart methods all the time.
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Ummm... I think it does matter.
Not sure if NY is a contributory negligence state, but at the very least the girl's actions mitigate the damage?
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DOES KNOW ONE ELSE SEE WHATS WRONG HERE... She cant be responsible for her actions and the consequences, so LETS sue... FFS..
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Going 30 in a 45 is dangerous especially if you are swearving left to right. If I'd be driving behind you I'd make note with a long horn.
Furthermore, depending on your state, it's illegal to use a phone and drive. Therefore, the person could have clearly been endangering others dependent on the location.
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Now, swerving is a sepparate issue, and I'll agree with you there. But I'll note that driving 30mph got three exclamation points, and swerving only earned a period. This directs my judgment of where you put your emphasis.
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Anyway, the point is that if you are merely trying to obey the law, then you are doing an admirable job. If you are trying to be safe, then you are a moron. You can let other drivers honk all you want until you get sideswiped, your car rolls across the median, and you are brutally killed as your car is engulfed in flames. The road and traffic dictate the safe speed, not the limit.
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Make excuses for her all you wish, the fact is she was texting and driving in a reckless manner.
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Other Reasons
What if the girl had been completely deaf and was signing to the person next to her when she fell into the hole? Or how about a young woman in an electric wheelchair that cannot easily see the ground in front of her? Would the article have been talking about how a girl fell into an open manhole while not paying attention? or rather about how a city failed to protect it's disabled citizen (or visitor)?
The fact is that the city employees are supposed to erect barriers so that distracted, disabled, or even stupid people don't fall into open manholes and they did not do that. Therefore they are guilty of something.
Personally I think that the girl's choice to distract herself and that she was not seriously injured should weigh significantly into any decision. Give her a couple hundred bucks and send her on her way.
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Re: Other Reasons
Should the employees have had a warning indicator around the manhole? Probably, and it sounds like the girl walked in during a brief window that they didn't. But she didn't fall in because a reasonable person aware of her surroundings missed a dangerous hazard, she fell in because she was not paying attention to something she should have been aware of, and because she was a retard it becomes everyone else's responsibility to protect her. Next time I see an open manhole cover, I'll be sure to go jump in; I can take it for a cool million. Even if there's caution tape, I can just say that it wasn't high enough for an individual of my height...
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Re: Other Reasons
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It is EXTREMELY hard to see a hole in the ground like that, even when you are paying attention. That's why they put up the safety barricades in the first place.
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Sanity
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Darwin will catch up with this girl yet.
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How stupid can it get?
Apparently, if you're a libertarian vunderkin, you deduce that the ENTIRE society now has no responsibility.
Geebus, Masnick, get a grip
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Re: How stupid can it get?
It doesn't take a vunderkin ... just 5 seconds of thought.
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http://lifehacker.com/5256519/email-n-walk-lets-you-multitask-without-getting-hit-by-a-car
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Normally I would agree
First of all, the manhole cover was not in the street. It was in the middle of a side walk in a residential neighbourhood and spanned almost the entire width of the side walk.
The city truck was parked in the street. The worker removed the manhole cover and left it open and unattended while he went back to the truck to get the safety cones.
In the meantime, the girl came walking down the sidewalk and fell into the hole. When the worker returned with the cones, she was already in the hole.
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Derail much?
This page has been incredibly representative of what happens in comments on websites - they derails and then everyone is arguing with everyone else, ignoring the article.
You're all so much smarter than everyone Techdirt readers...or so you'd love to think.
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Derail much?
The above comment has been incredibly representative of what happens in comments on websites - they derails (er?) and then everyone is arguing with everyone else, ignoring the article.
You're all so much smarter than everyone above commenter...or so you'd love to think.
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Re: Derail much?
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All is well
The city should have had barriers up before opening the manhole cover. The lawsuit seems like proper punishment for not ensuring the safety of pedestrians.
The girl will be the laughingstock of the Internets for a few days. Seems like proper punishment for not paying attention.
And maybe, just maybe, a few kids who are reading about this will learn how dangerous it is to walk around with your face all up in your cell phone.
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Reading the msnbc story
"For its part, the Department of Environmental Protection said its workers had turned away briefly to grab some cones when the incident occurred."
So, the hole was not demarcated or attended to. Some jackass city worker just left a gaping hole in sidewalk.
Sounds pretty negligent and liable to me.
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Re: Reading the msnbc story
Sounds pretty negligent and liable to me.
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So many angry people
In this case, both parties at fault, one for being too stupid to look where she was going and the other for not following clearly established procedures designed to protect those too stupid to look where they arae going from themselves. Ruling: Double Fault, we shall proceed to a Sudden Death Elimination Final.
Weapon of choice is rat traps and thumbtacks. Ready? Go!!!
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RE: Can see this 2 ways
So I look at it like this. I think the city should pay for her medical bills & time loss at work. But I feel the parents are stupid for suing the city. That definitely isn't going to teach the girl any kind of lesson.
Because if she is texting while walking down a sidewalk; it's highly likely that she texts while driving her vehicle. Then what??? Her parents would be getting sued from another family if she were to run over their teenager because of texting & driving.
So if I were her parents; I think I'd think twice before suing anyone. JMHO.
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And regardless of what she was doing, leaving a gaping hole in the road is a danger precisely because you can't predict that everyone is going to notice it. It could just as easily have been a tired jogger falling in, or a car's front tire, or what have you.
If it is found that she was also being negligent in not paying attention, then her damages will be reduced accordingly.
The legal system isn't screwing this one up.
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Wow
Granted they screwed up and did not put any cones up. But I still see this girl tripping over the cones and this time falling head first into a hole. So then the parents would be suing because the cones where not properly placed, or some idiotic thing.
How can you be involved in something else so much that you are clueless where you are walking, unless you are drunk, lol. Animals have more sense then that, I am guessing single celled organisms have more sense then that as well.
I would be embarrassed to have a child like that and I wouldn't even bother suing. I would try and get past it fast and quietly so no one knew how dumb my family was.
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Re: Wow
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It worked for driving. Makes perfect sense here.
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no orange cones does not imply no danger
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Hmm I disagree with everyone
He successfully sued the city due to the fact that workers had been on site earlier in the day, and did not replace the manhole cover after they were done working. No cones were there because the job was completed.
How was it his fault for using a public walkway, and falling into a hole? It was the fault of whoever had been working there, and forgot to replace the cover. A judge agreed and awarded him damages.
I don't agree with a lot of slip and fall type litigation or our out of control suits over medical malpractice, but it is also ridiculous to think that someone whose responsibility it was to service a roadway and didn't do their job shouldn't be held responsible. Yes in life we make mistakes, and we have to pay for them. I am glad that the city has an insurance policy to cover this because if you had to go after the workers directly for negligence chances are they would not have enough insurance to cover your medical bills.
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Re: Hmm I disagree with everyone
Uhhh... because he fell into the hole. Not like anyone pushed him in or something. Was that supposed to be a trick question.
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Re: Hmm I disagree with everyone
Not knowing the facts of the case, I can't know whether it was his fault, but the picture you painted was hysterical! I don't mean to be rude, but if you're trying to convince people of your point, I wanted you to know the effect your written words were having, and that effect is to make me frighten several nearby coworkers with my barking laughter.
"He successfully sued the city due to the fact that workers had been on site earlier in the day, and did not replace the manhole cover after they were done working. No cones were there because the job was completed."
Wow. Sounds like those workers are morons and the city was indeed liable.
"How was it his fault for using a public walkway, and falling into a hole? It was the fault of whoever had been working there, and forgot to replace the cover. A judge agreed and awarded him damages."
I'd probably agree too in that the workers had left the scene w/o replacing the manhole cover. That's not the way the story I read described this incident. The story had it sound like the workers opened the manhole, then went back to the truck where the cones were, and the girl came text-stumbling down the sidewalk before the cones were put up.
But a couple of points that need to be made. First, we all need to stop talking about The City as if it's some kind of entity that's walking around and doing shit. The City is essentially the taxpayers. But they don't say that she sued for taxpayer money, because that makes it sound less sympathetic.
Secondly, I always come back to how this would be handled in the natural world. I mean, c'mon, whatever the city worker might have done wrong, rule #1 in the Book Of Ways Not To Die While Living is watch where the fuck you're stepping. Think of ALLLLLLL the sayings that encompass this.
So no matter who gets sued and who wins, on some level you're still just a person who fell down a hole, and no amount of money is going to make your genetic material more valuable to society.
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Unfortunately, God doesn't have much money. Blessed are the poor and all that. Now the Catholic Church, which is NOT poor (so their not blessed?) has PLENTY of money. Plus, according to that guy with the big pointy hat, he actually speaks for God, so probably they shouls sue him. One of those rings on his finger that was bought with Nazi gold and money stolen from the Templars ought to put this little retard through college.
Or, in your scenario, maybe sue the EPA! After all, they protect the mountain lion that attacked her! If the EPA would just let us kill all that pesky nature around us, there would be no more mountain lions to attack little texting/sexting girls. Of course, then there'd probably be way more manhole covers to swallow them up.
Isn't it amazing the creative ways stupid people figure out how to get hurt and die?
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Re: Hmm I disagree with everyone
I would be empathetic to the young lady involved if she had been paying attention to the rest of the world rather than focused on "me," but she was not and she ended up in a dangerous situation because of it. Would it have been any better had a van pulled up while she was not paying attention and she was kidnapped? What if she passed an alley and three hoodlums pulled her into it because she neglected to see them poking their heads around the corner several times as she approached?
I know, we are "blaming the victim" here, but the "victim" took the direct action that placed her in harms way. Who knows what might have happened if she was just a bit more aware of her surroundings?
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What the Hell is wrong with all of you?
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Re: What the Hell is wrong with all of you?
This girl douse have a case but that's where it needs to stop.
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Re: What the Hell is wrong with all of you?
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Title Change
You forgot about the "Gross factor" the girl's shoe is still down there!
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Besides stupid teens there are blind people, bicyclers, men starring at women, joggers, etc.
It doesn't take much to not notice a hole where a pavement should be.
This is malpractice from city service, no question about it.
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Yeah well none of those people fell in this manhole, did they? Only a teen who was not watching where she was going. Sure, the city should have covered it up, no one is question that.
But the blame still belongs squarely on the girl.
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Then we'd see them suing the city because the cones abstructed their path.
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but still the fact is there weren't cones meaning the "chance" she would have seen it got even smaller... witch means she "can" make a lawsuit
how long ago was it when kids could make mistakes and learn form them?
and also being correct was better then politically correct?
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