[Kevin]

The kid has a duty to exercise the amount of reasonable care attributable to a child of her age, intelligence and maturity. I don't think she gets there. But legally speaking, being clumsy versus being not observant are just two different examples of not showing reasonable care.

The biggest issue is that aside from maybe a change of clothes and her cell phone, she has no damages that I can tell. Her case is definitely not helped by her parents proclaiming so early on that they're going to file a lawsuit.

You'd better bet that as counsel for the defense, I'd have a hell of a fun time with those statements. I might even build my case around those statements.