I didn't here the town but in HLN they talked about a girl who was walking and texting, not watching where she went. She walked into an open sewer drain. The city workers had forgotten to close it. The parents are sueing the city.
The city is at fault, but since the girl wasn't watching where she was walking how much of a right does her parents have to sue? If she walked into a street and in front of a car while texting who was responsible? If she was driving and texting she would be responsible for any accident.
The city is at fault and if anybody had walked into it at night for not seeing it, or a car drove over and wrecked then they at fault.
The girl wasn't watching where she was going. She also at fault. I use to read and walk when ehr age. If I walked into a wall, or down a sewer, I would be told it was my fault for not watching where I was going.
Doesn't anybody take responsibility for their own actions anymore?
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Comments: 21
The city is at fault and the idiot girl is also at least partly at fault.
So, should she sue? Judges look at how much each party is responsible.
I say its 50/50 so no sue.
I personally think it was her own fault and she should not suw. But this is America where no one is responsible for their own actions so she will end up suing and she will more than likely win.
So true and she hasn't learned a lesson about when to and not to text.
You always see these idiots with their head phones walking or driving while texting. They are a danger to everyone else around them.
Someone had brought up this point the other day... She needs to sue herself!
No to suing!
If she wasn't texting she would have seen it coming. Should the city sue her for not paying attention and causing them more work?It looks like both parties are at fault and if she would have been paying attention she would not have fallen. She should not sue.
I agree!
I agree with Ryan and think the parents should lose their suit.
The parents should first see if they can resolve the issue informally and, if they can't, then sue. The City can claim "contributory negligence" and get any judgment against it reduced according to the girl's own fault.
You don't mention whether the girl was actually injured. Assuming so, she can send her medical bills to the City. The City would probably settle with her out of court.
She had some cuts and bruising is all.
In that case, I'm not sure that she has actually suffered any damages. Usually, when the plaintiff sues the defendant for a personal injury such as this, s/he is seeking reimbursement for medical expenses and/or loss of work or something. What damages does this girl have? Looks like none.
I totally agree with the first comment.
I think the girl is at fault but the city was being negligent. I think if she sues she won't get much money for "injuries" but will get punitive damages. That sewer should have been closed. A little child could have fallen in there, or like the poster said..someone could have fallen in at night when it's dark out.
Yes, I said the city did have a fault, but in this case, the girls responsibility to look where she is going evens out their negligence. The good thing is, a child didn't fall down there and they should thank the girl for that, she brought their attention to it before that happened.
My daughter is well on her own now, but if she were in my care at this time with all this texting going on, I would just simply take the cell phone away from her if she could not act responsible with it. She would be mad at me of course, but would probably solve the problem.
City is at fault. They should pony up!
The girl wasn't watching where she was going, she also was at fault. She needs take some the responsibility. I think the city should pay for her med bills from the fall but nothing more.
There is fault on both sides.