Texting teen falls in hole, famiy intends to sue

[Kevin]

I think a lot depends on New York's act concerning tort claims against the state or city. That aside, I think she's going to have some serious issues with contributory negligence. I don't think it's much of a case. And it doesn't seem that the girl suffered any major damages. It sounds like the mother is a very simple person who sees a payday in her future.

On these facts, I'd probably decline to represent her.

[KSigkid]

Originally Posted by Kevin

I think a lot depends on New York's act concerning tort claims against the state or city. That aside, I think she's going to have some serious issues with contributory negligence. I don't think it's much of a case. And it doesn't seem that the girl suffered any major damages. It sounds like the mother is a very simple person who sees a payday in her future.

On these facts, I'd probably decline to represent her.

That's what I was going to say - contributory negligence could be a huge issue, especially if NY is a state (I don't know that it is) where either:

1) Any comparative negligence knocks you out of damages, or;
2) More than 50% comparative negligence knocks you out.

Plus, there's case law in some states (like CT for example) where courts have found that individuals have a responsibility to keep a good lookout for their surroundings.

Either way I'd agree, she doesn't have a great case.

[ThetaPrincess24]

Originally Posted by KSigkid

Plus, there's case law in some states (like CT for example) where courts have found that individuals have a responsibility to keep a good lookout for their surroundings.

That's common sense. It's ashame a law has to be on the books to state that...then again common sense seems to go futher down the drain with each generation so I guess I shouldnt be suprised.