A Skateboarder gets branded


ham_man

macrumors 68020
Jan 21, 2005
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The first judge the case sees better shoot this down for being flat stupid. Why was she skating in the street anyhoo?
 

wdlove

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Original poster
Oct 20, 2002
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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.
 

mkrishnan

Moderator emeritus
Jan 9, 2004
29,641
12
Grand Rapids, MI, USA
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:
 

alex_ant

macrumors 68020
Feb 5, 2002
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All up in your bidness
Litigious society my arse

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.
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.
 

Mr. Durden

macrumors 6502a
Jan 13, 2005
716
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Colorado
alex_ant said:
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.

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.
 

Doctor Q

Administrator
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Sep 19, 2002
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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.
 

LethalWolfe

macrumors G3
Jan 11, 2002
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Los Angeles
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
 

Nickygoat

macrumors 6502a
Dec 11, 2004
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London
LethalWolfe said:
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'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?
 

takao

macrumors 68040
Dec 25, 2003
3,825
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Dornbirn (Austria)
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 ;)
 

kingcrowing

macrumors 6502a
May 24, 2004
718
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Burlington, VT
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
 

Sedulous

macrumors 68020
Dec 10, 2002
2,325
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LethalWolfe said:
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.
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.
 

Doctor Q

Administrator
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Sep 19, 2002
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Los Angeles
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.
 

LethalWolfe

macrumors G3
Jan 11, 2002
9,366
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Los Angeles
Doctor Q said:
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?
Hot enough to brand you instantly? And at night?

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.
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
 

CorvusCamenarum

macrumors 65816
Dec 16, 2004
1,231
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Birmingham, AL
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.
 

latergator116

macrumors 68000
Sep 30, 2003
1,675
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Providence, RI
LethalWolfe said:
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
True, but they usually sleep on a blanket ot jacket of some sort in order to protect themselves and stay warm.
 

LethalWolfe

macrumors G3
Jan 11, 2002
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Los Angeles
CorvusCamenarum said:
This is retarded. I hope this case gets laughed out of court.
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.

First question: Are skateboards allowed on the street/sidewalk where the incident happened? If not, then she has no case.
Good question, but what if she was just a pedestrian that tripped and fell? Or someone on a bike?

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

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

Fourth question: Was she wearing the necessary protective equipment? In some areas, this is mandated.
I don't think a helmet, knee, wrist, & elbow pads woulda saved the small of her back from being branded.

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?
Apples to oranges.

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.
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
 

LethalWolfe

macrumors G3
Jan 11, 2002
9,366
119
Los Angeles
latergator116 said:
True, but they usually sleep on a blanket ot jacket of some sort in order to protect themselves and stay warm.
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
 

latergator116

macrumors 68000
Sep 30, 2003
1,675
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Providence, RI
LethalWolfe said:
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
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?
 

ProjektJ

macrumors member
Oct 15, 2004
55
0
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
 

wdlove

macrumors P6
Original poster
Oct 20, 2002
16,570
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Doctor Q said:
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.
I'm sorry to hear about you stubbed toe Doctor Q. :( What the world needs is more level headed thinkers like your self.