Texting teen falls in hole, famiy intends to sue

[KSigkid]

Originally Posted by PeppyGPhiB

I do think the city has some blame in this. What if it had been a blind woman who fell in the open hole? Or an elderly person with no peripheral vision? They can't just leave an open hole in the street/sidewalk and expect that everyone will/can see it and avoid it. One person should have stayed by the hole while the other went to go get cones.

You're talking about a completely different situation there, but as far as your hypotheticals, the same general issue that Kevin and I mentioned above would apply (if it's the law in NY). A person has a responsibility to use their own judgment and senses to hazards, if at all possible. A blind or elderly person may have reduced sensory perception, but they're still responsible for adjusting for that limited sensory perception. The fact that an injured individual may be elderly or blind doesn't automatically mean that the city would be liable.

Plus, you may have the same sovereign immunity problem regardless of the pre-existing condition of the injured party.

[RU OX Alum]

Originally Posted by DGTess

"Watch where you're going" is a lesson normal people learn before they're potty trained.

That's awesome, that made my day. Thanks Tess.

[starang21]

i know workers were out there, but did it also state the time of day this happened? is there any possibility that construction was being done at night time?

[MysticCat]

Originally Posted by KSigkid

You're talking about a completely different situation there, but as far as your hypotheticals, the same general issue that Kevin and I mentioned above would apply (if it's the law in NY). A person has a responsibility to use their own judgment and senses to hazards, if at all possible. A blind or elderly person may have reduced sensory perception, but they're still responsible for adjusting for that limited sensory perception. The fact that an injured individual may be elderly or blind doesn't automatically mean that the city would be liable.

Exactly. A blind person shouldn't (and normally wouldn't) be crossing a city steet without a guide -- human or canine -- that would see the hole and avoid it or a cane, which would alert her that there was no street where she was about to step.