http://www.wired.com/gadgetlab/2009/07/girl-falls-into-manhole-while-texting-parents-sue/

I'm not laughing, really .... :-D CTNOK

John
-- 
"Eppur si muove" - Galileo Galilei

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Doctor John wrote:
>
http://www.wired.com/gadgetlab/2009/07/girl-falls-into-manhole-while-texting-parents-sue/
> 
> I'm not laughing, really .... :-D CTNOK
> 
> John


no really, they will likely win the case

the barriers were not sufficient enough to keep someone out of the hole 
  that was that dumb.

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Tom Austin wrote:
> 
> 
> no really, they will likely win the case
> 
> the barriers were not sufficient enough to keep someone out of the hole
>  that was that dumb.

But not as dumb as walking down a street without looking forwards.

Actually, the reason I found it funny was probably Schadenfreude; I've
just come to the end of a really s**t day and needed some release

John
-- 
"Eppur si muove" - Galileo Galilei

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Tom Austin wrote:
> the barriers were not sufficient enough to keep someone out of the hole 
>  that was that dumb.

 From other reports I've read, there were no barriers or cones at all. They 
just opened the manhole cover and then went somewhere else without putting 
up any notice.

-- 
   Darren New, San Diego CA, USA (PST)
   "We'd like you to back-port all the changes in 2.0
    back to version 1.0."
   "We've done that already. We call it 2.0."

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Doctor John <joh### [at] homecom> wrote:
>
http://www.wired.com/gadgetlab/2009/07/girl-falls-into-manhole-while-texting-parents-sue/

> I'm not laughing, really .... :-D CTNOK

  Aren't there any regulations or laws establishing proper safety measures
when city workers perform activities which can be dangerous to passersby,
such as opening manholes? An unprotected open manhole *is* a safety hazard
in the exact same way as stairs without a handrail. It would be illegal to
build stairs without a handrail if there is the possibility of someone
falling.

  If the open manhole was unsupervised and without any protection (such
as a fence), that could be a breach of safety regulations, and thus the
city would be held responsible.

-- 
                                                          - Warp

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"Darren New" <dne### [at] sanrrcom> wrote in message
news:4a5b5a65$1@news.povray.org...
> Tom Austin wrote:

> > the barriers were not sufficient enough to keep someone out of the hole
> >  that was that dumb.

>  From other reports I've read, there were no barriers or cones at all.
They
> just opened the manhole cover and then went somewhere else without putting
> up any notice.

Then, yes, regardless of stupidity of the victim in the particular set of
events, she'll win the lawsuit. As is often the case, it takes multiple
failures for something like this to happen, but one failure does not
normally void another in the eyes of the law. It could have easily been a
toddler, a handicapped person (I guess that could be argued of this person
who was texting), elderly... etc.

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I am 99% certain that our fair city ( of which Staten Island is a part,) 
does require workers to erect a barrier when working in or on a man hole. In 
Manhattan, I always see the barriers when they are working in the hole.
Everyone was at fault in this story, both the workers and the pedestrian.

-- 

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Halbert <hal### [at] gmailcom> wrote:
> Everyone was at fault in this story, both the workers and the pedestrian.

  I wouldn't say the pedestrian was at fault. She would have noticed if
there had been proper barriers.

-- 
                                                          - Warp

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On Mon, 13 Jul 2009 16:13:01 -0400, Warp wrote:

> She would have noticed if
> there had been proper barriers.

There's a good chance she would've noticed if she'd been watching where 
she was going, too.

One of my pet peeves is people who don't watch where they're going.

Jim

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On 07/13/09 11:11, Warp wrote:
> Doctor John<joh### [at] homecom>  wrote:
>>
http://www.wired.com/gadgetlab/2009/07/girl-falls-into-manhole-while-texting-parents-sue/
>
>> I'm not laughing, really .... :-D CTNOK
>
>    Aren't there any regulations or laws establishing proper safety measures
> when city workers perform activities which can be dangerous to passersby,
> such as opening manholes? An unprotected open manhole *is* a safety hazard

	Almost certain there are. Which is why she has a case against them.


-- 
AAHH!!! I've deleted all my RAM!

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