Texting teen falls in hole, famiy intends to sue

[Kevin]

You have to realize that the McDonald's case, the 'missing pants' case and others are regurgitated to the media by special interest groups who are usually seeking to drive public policy to protect their wealthy clients from civil liability in courts and then reprinted as 'news.' The spin becomes 'fact' which makes people want to support politicians who support things like tort reform.

99% of the time, when you hear about frivolous lawsuits, they are one suit out of millions and you're only getting the facts someone wants you to have.

[KSigkid]

Originally Posted by Kevin

You have to realize that the McDonald's case, the 'missing pants' case and others are regurgitated to the media by special interest groups who are usually seeking to drive public policy to protect their wealthy clients from civil liability in courts and then reprinted as 'news.' The spin becomes 'fact' which makes people want to support politicians who support things like tort reform.

99% of the time, when you hear about frivolous lawsuits, they are one suit out of millions and you're only getting the facts someone wants you to have.

Yup, it ends up being part of a larger debate between the trial lawyers associations and the tort reform groups.

[MysticCat]

Everything Kevin and KSigkid = what I would say.

[Kevin]

Originally Posted by KSigkid

Yup, it ends up being part of a larger debate between the trial lawyers associations and the tort reform groups.

And the tort reform groups are far smarter and far more strategic about getting their message out. By the time one of these stories makes it to the media, the public discussion has already been framed around an essentially stacked deck.

Trial lawyers interest groups could be a little more proactive by promoting stories of insurance company abuses (and perceived abuses). We just can't because we're too busy making money.

[KSigkid]

Originally Posted by Kevin

Trial lawyers interest groups could be a little more proactive by promoting stories of insurance company abuses (and perceived abuses). We just can't because we're too busy making money.

Haha - then there's those of us who work in litigation for insurance companies. You could call us fairly conflicted individuals, haha.

[starang21]

was there any warning or sign stating that it was open?

[KSigkid]

Originally Posted by starang21

was there any warning or sign stating that it was open?

From the story that texas princess posted, it sounds like the workers had stepped away to get the warning cones when the girl fell. Talk about timing.

[Psi U MC Vito]

yeah. It looks like both parties share the responsibility for this. Though one has to wonder if she would have even noticed the cones. I mean she didn't see a foot wide hole in the floor.

[DrPhil]

The teen was dumb. You don't walk without looking where you're going (you don't drive without looking where you're going).

Lesson learned on the part of the teen. Maybe the workers will be taught to keep one person on the lookout for idiots while the rest get the cones. The end.

[33girl]

Originally Posted by DrPhil

Maybe the workers will be taught to keep one person on the lookout for idiots while the rest get the cones. The end.

Yeah, and then the lookout worker who yelled at her to watch where she was going would probably have been sued for "harassment."

[DrPhil]

Originally Posted by 33girl

Yeah, and then the lookout worker who yelled at her to watch where she was going would probably have been sued for "harassment."

So, we're back to the teen just being dumb. LOL.

I wonder, what if the teen was looking forward and not texting, but still didn't notice? Would that make a legal difference beyond being clumsy and not observant?

[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.

[DrPhil]

GC legal buffs are the best.

[Kevin]

* - not a lawyer.

[MysticCat]

Originally Posted by Kevin

* - not a lawyer.

Yet.