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But would she have seen the cones if they were there?

by Steven Haninger / July 11, 2009 10:42 AM PDT

A teen's family plans to sue after their 15 year old daughter fell into an open manhole while she was texting. Apparently the workmen hadn't yet put the safety cones in place. I wonder if it would have made a difference in the outcome.


Glad she wasn't hurt but hope she got a good wake up. Watching where your feet are going to land is a better practice than the faith that the ground will rise up to meet them. (stolen paraphrase of an old Irish blessing) Happy

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"Great Expectations"
by Angeline Booher / July 12, 2009 12:14 AM PDT

I have expectations while walking that there are no open unattended manholes along the way. What I have seen around here is that warning cones or wood barricades are placed BEFORE a cover is removed. Due care is all we should expect.

Why did all of the crew members turn their backs, briefly or not? How many of those crew members would it take to change a light bulb? Happy

Had she stumbled over or kicked a cone and then fallen, IMO, the crew had taken reasonable care.

The young lady should hopefully learn a lesson, especially as she is near driving age. Also, there are other hazards along the streets and sidewalks.

All of this being said, I don't think the lawsuit should be for much money.

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I wouldn't have a problem with reasonable recovery
by Steven Haninger / July 12, 2009 1:01 AM PDT
In reply to: "Great Expectations"

for medical expenses. But it sounds as if they may want something for the experience of "fright". You mentioned driving. That was my thought exactly. It frightens me to know that drivers on the same road with me have developed the habit of text messaging while behind the wheel. It should be frightening to these workmen to know that people don't watch where they walk. There should be reasonable awareness and care expected by both parties here, IMO. Recently I was rammed in a grocery store by a woman on a cell phone pushing a cart with a child in cart seat. Of course this caused the child to reel from the collision with me. I got a quick apology while she attended to her crying child as she hurried away. Perhaps it was my fault for not noticing that she was coming and taking evasive action. It was an under 5 mph crash and I only receive minor cosmetic damage. Happy

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You are shouldering to much blame.
by Angeline Booher / July 12, 2009 1:16 AM PDT

You were concentrating on shopping. She was concentrating on her conversation.

She could have also taken evasive action as much as you.

The supermarket aisle hazards used to be huge stack of glass jars at the end of aisles just waiting to be knocked over, 3-4 ft. metal display racks that caught the wheel of a cart, etc. Now we have to watch for people with cell phones to their ears. i say, let them watch for us! Happy

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