A Skateboarder gets branded

Discussion in 'Community' started by wdlove, Jul 23, 2005.

  1. wdlove macrumors P6

    wdlove

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    #1
  2. ham_man macrumors 68020

    ham_man

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    #2
    The first judge the case sees better shoot this down for being flat stupid. Why was she skating in the street anyhoo?
     
  3. wdlove thread starter macrumors P6

    wdlove

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    Oct 20, 2002
    #3
    Sadly we have such a litigious society. This situation was her fault. No sure exactly what the damages are, she was treated and released. Also exactly does she think the manhole cover owner could have done. Oh yes in her mine it should not have been there. :eek:

    The only thing that the article is missing is pictures. Very curious to see what the branding actually looks like.
     
  4. mkrishnan Moderator emeritus

    mkrishnan

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    Grand Rapids, MI, USA
    #4
    Well, though, I've seen steam tunnel manhole covers before. I don't remember touching one, but if they're out in the open, without protection, they shouldn't be hot enough to burn skin on contact, should they? :eek:

    As much as I'm inclined to say a judge should give this woman a boot in her branded butt.... :rolleyes:
     
  5. alex_ant macrumors 68020

    alex_ant

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    #5
    Litigious society my arse

    Litigious society my foot... maybe the manhole cover owner could have made sure that the cover wasn't boiling hot for one thing. If the manhole cover was "searing hot" as the article says, then she has a case, and I would sue too if I were her. I think it's reasonable to expect that touching a manhole cover isn't going cause skin to "sizzle" and leave a permanent scar.
     
  6. Capt Underpants macrumors 68030

    Capt Underpants

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    #6
    Doesn't a 27 year old female have better things to do than skateboard?
     
  7. Mr. Durden macrumors 6502a

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    Colorado
    #7

    Good point, unless it was boiling hot because of the sun. In that case, anything outside that the sun beats down on can burn you, and then you can sue the manufacturer? Dosent seem right to me. I think we need more details on this. On the surface, to me, it seems a frivilous lawsuite.
     
  8. Doctor Q Administrator

    Doctor Q

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    Los Angeles
    #8
    Ouch! I stubbed my toe walking into the other room. Now I'll have to sue the company that built my house many years ago, for their "negligence, carelessness, recklessness and culpable conduct".

    When people say "can I sue for so-and-so?" the answer is always yes, no matter what the circumstances. It only worries me if a frivolous suit get past the first hearing. This certainly sounds like one.
     
  9. Nermal Moderator

    Nermal

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    #9
    Here in NZ, the answer is almost always no. Reduces the amount of stupidity :)
     
  10. job macrumors 68040

    job

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    #10
    I guess you don't have hobbies either. :rolleyes:
     
  11. Capt Underpants macrumors 68030

    Capt Underpants

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    #11
    I just don't know any 27 year old female skateboarders

    It's nothing to take personal... :rolleyes:
     
  12. LethalWolfe macrumors G3

    LethalWolfe

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    Los Angeles
    #12
    Unless it's common knowledge and/or there are posted warnings that those man hole covers are dangerously hot I don't see what's wrong w/this.

    If there aren't already there should be warnings that those man hole covers can become dangerously hot.

    What if someone put up an electric fence, but didn't post any warnings 'bout it being electric. One day someone trips and grabs the fence to catch themselves, or leans against it to tie their show or something?

    If something common looking is uncommonly dangerous and put in public w/o warning or notice I think that's a problem.


    Lethal
     
  13. Nickygoat macrumors 6502a

    Nickygoat

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    London
    #13
    If there's steam coming out of it then pretty reasonable to assume it's hot. Street skating is kinda dangerous anyway.
    Maybe she should charge Con Ed an advertising fee?
    And why has it taken her 11 months to file a suit?
     
  14. takao macrumors 68040

    takao

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    Dornbirn (Austria)
    #14
    well that's what you get for street skating after night...

    i wonder if the company uses the night hours already for letting steam through it because during the day somebody might complain about it

    luckily the austrian law does rate skateboard as sports equipment meant for closed circuits ... so if you have an accident on streets (where you are theoretically not allowed to skate) or on the sideway (where you are not allowed to skate either, theoretically) you are, nearly always, screwed... it's tolerated on the sideways if the policemen don't have a bad day ;)
     
  15. kingcrowing macrumors 6502a

    kingcrowing

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    Burlington, VT
    #15
    you need to look at it this way, what if she was just walking down the street and stepped on it? it burned her feet amd she couldnt stand and therefore couldn't work at her factory job, and therefore couldnt pay the rent, got evicted and had to live on the streets? (well, she could probably do skateboard tricks for people on the streets and get paid quite a bit from what i hear)

    so reguardless of how she got burned i think the case should go to court with theseresults: 1) she gets recouped (monetrily) for all medical expenses, and losses from not working (unless she had aflec), 2) the owner of the manhole cover (i'm assuming the city) gets repremanded for the manhole covers being too hot, tey either need to somehow make them safer or post warnings of their heat
     
  16. Sedulous macrumors 68000

    Sedulous

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    #16
    You are absolutely correct, and that is why she will win her case. As for what compensation she will receive, I don't really know.
     
  17. Doctor Q Administrator

    Doctor Q

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    #17
    Aren't there all sorts of pieces of metal outdoors that get very hot? Handrails? Metal posts of street signs? Do they each need warning signs? My car steering wheel gets pretty hot sometimes, but I don't blame the car manufacturer. Shouldn't knowing that metal gets hot be common sense?

    Warning labels were mentioned and they often get companies off the legal hook. In this particular case, the skateboarder didn't come in contact with the metal on purpose, so putting warning labels on manhole covers wouldn't have helped.
     
  18. LethalWolfe macrumors G3

    LethalWolfe

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    #18
    Hot enough to brand you instantly? And at night?

    If you put up warning labels it will become common knowledge about how dangerously hot they can become and people will, most likely, be more weary around them.

    Nickygoat,
    I've read that sometimes homeless people sleep on the manhole covers to stay warm at night. So apparently not all manhole covers are scalding hot.


    Lethal
     
  19. CorvusCamenarum macrumors 65816

    CorvusCamenarum

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    Location:
    Birmingham, AL
    #19
    This is retarded. I hope this case gets laughed out of court.

    First question: Are skateboards allowed on the street/sidewalk where the incident happened? If not, then she has no case.

    Second question (previously posed by another): Why wait so long, after having left the jurisdiction, to bring the suit?

    Third question: Did she fall off her skateboard on her own, or was there some contributing circumstance? If it was her own fault, she has no case.

    Fourth question: Was she wearing the necessary protective equipment? In some areas, this is mandated.

    Fifth question: I suppose we can look forward to more lawsuits like this where people try to do tricks off handrails and stairs and whatnot and injure themselves?

    Quite honestly, I'm sick of the way that common sense has gone the way of the dodo. This wasn't a toddler or other small child who could arguably plead ignorance, this was a grown woman. I'm hard pressed to think of any risk free sport, but in this case, that's for what skate parks are built.
     
  20. latergator116 macrumors 68000

    latergator116

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    #20
    True, but they usually sleep on a blanket ot jacket of some sort in order to protect themselves and stay warm.
     
  21. LethalWolfe macrumors G3

    LethalWolfe

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    Los Angeles
    #21
    If Con Ed knew their manhole covers get hot enough to instantly burn flesh, but did not take reasonable action to make the general public aware of that danger I think it could qualify as being negligent.

    Good question, but what if she was just a pedestrian that tripped and fell? Or someone on a bike?

    Good question.

    I don't think this is an issue because of the very specific, and uncommon nature of her claim.

    I don't think a helmet, knee, wrist, & elbow pads woulda saved the small of her back from being branded.

    Apples to oranges.

    I've come across many manhole covers and I've never been burned by any of them. Common sense doesn't tell me that manhole covers can instantly brand a person.

    IMO the issue isn't about a skateboarder falling down. The issue is about scalding hot manhole covers and public safety.


    Lethal
     
  22. LethalWolfe macrumors G3

    LethalWolfe

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    #22
    True, but if a manhole cover is hot enough to instantly brand bare skin yer gonna get uncomfortably hot pretty quick unless that blanket is made of asbestos. ;) Grab a blanket or jacket out of the closet and see how good of an oven mit it makes. :p


    Lethal
     
  23. latergator116 macrumors 68000

    latergator116

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    #23
    Works pretty well, actually. ;)

    I just noticed that this insicdent happened in August (I assumed it was in the winter). I wonder why the steam pipes would be in use during the summer?
     
  24. ProjektJ macrumors member

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    Oct 15, 2004
    #24
    holy crap, i live 2 blocks away from there, i ride down 2nd ave every day, and my bike tire actually melted on that manhole once. i was pissed, but not enough to sue. con-ed is really messing up. a couple months ago, on 11th st and 1st ave, a woman was killed when she fell on an electrified manhole cover. con-ed got a lot of crap for that as well
     
  25. wdlove thread starter macrumors P6

    wdlove

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    Oct 20, 2002
    #25
    I'm sorry to hear about you stubbed toe Doctor Q. :( What the world needs is more level headed thinkers like your self.
     

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