FoxNews:Texting Teen Falls Down Open NYC Manhole

[CAPT_CHAOS47]

http://www.foxnews.com/story/0,2933,531684,00.html





A New York City teenager says she was text messaging while walking down the street — and the next second she was down a manhole.
Alexa Longueira was walking down a Staten Island block and was getting ready to text message when she fell into an open sewer manhole, MyFOX NY reports.
VIDEO: Longueira Describes Falling Down a Manhole (http://www.myfoxny.com/dpp/news/local_news/nyc/090710_Texting_Teen_Falls_Down_Open_Manhole)
Longueira suffered mild cuts and bruises and is expected to recover.
The teen's mother says workers told her they left the manhole open and unattended for just seconds while they went to fetch some cones from their truck.
The Department of Environmental Protection says it is investigating.
"DEP is conducting a full investigation of what happened during a manhole incident on Victory Boulevard where workers were flushing a high-pressure sewer on Wednesday evening," said Mercedes Padilla, of the DEP. "We regret that this happened and wish the young woman a speedy recovery."
The Longueira family says they plan on filing a lawsuit

[RammsteinSkins]

I bet the service sucks down there.

[Henry]

No doubt those workers are going to get in trouble because this girl has absolutely no sense of self-preservation.

[CAPT_CHAOS47]

I bet the service sucks down there.
lol:silly:

[Hubbs]

No doubt those workers are going to get in trouble because this girl has absolutely no sense of self-preservation.

*sigh*

Yup. Once again, somebody will pay for someone else being stupid.

[TheDoyler23]

Longueira suffered mild cuts and bruises and is expected to recover.


The Longueira family says they plan on filing a lawsuit

Of course.

[SAli457180]

lol:silly:

x2

[big#44]

can you hear me now..........?? uh....hello???

[CAPT_CHAOS47]

can you hear me now..........?? uh....hello???

LOL..this would make a great verison commercial....

As the girl falls into the sewer the verison crew is down there to catch here...as she is in the hands of the creepy verison guy he says" Can you hear me now"

[Spaceman Spiff]

Natural selection. Someone should have quickly put that manhole cover back on after she fell in.

[Bibby]

Of course a lawsuit.. really? Pay a little more attention.

[10fttall]

The latest winner of the New York City lottery.

[kubstix]

Lawsuit is justified if there was no safety signs or cones next to the manhole. There is no law that says you can't text and walk at the same time is there? Everyone who is saying pay attention, to what? Walking? Nobody has ever walked and texted before?

[HighOnHendrix]

Lawsuit is justified if there was no safety signs or cones next to the manhole. There is no law that says you can't text and walk at the same time is there? Everyone who is saying pay attention, to what? Walking? Nobody has ever walked and texted before?

There is also no law that says people should be rewarded financially for doing stupid things. Pay attention to where you're going when you're walking, yes; that's just common sense and common courtesy to others (so you won't bump into people). If she walked into the hole while doing nothing but walking that would be one thing; but she was doing something distracting while walking when she took a dive. That makes it HER fault.

[Burgold]

I think the city needs to sue her for endangering a public works. She should also be sued in a class action suit for all the people who snorted their coke and lost precious milliliters of expensive liquid while watching her perform her Darwinism.

I hope if the family decides to sue they get nothing. In fact, I think we need to pass a law that permits frivilous lawsuits, but that if the frivilous lawsuit is denied than a penalty is awarded to the idiots who want to be awarded for their idiocy.

About the cones or safety signs/chains.

You do need to put out cones because this would be a hazzard to the blind. It would not be a funny story if a blind dude was walking and his cane swept over open air and he suddenly fell.

[Major Harris]

It would not be a funny story if a blind dude was walking and his cane swept over open air and he suddenly fell.
well......

to each his own i guess. ;)

[Burgold]

well......

to each his own i guess. ;)

I like Buster Keaton and Mr. Magoo as much the next guy, but....

(yeah, probably would laugh and then feel really terrible about it. I don't know what it is but manholes are funny. I wonder if it's a homophobic thing. :silly:)

[Major Harris]

I like Buster Keaton and Mr. Magoo as much the next guy, but....

(yeah, probably would laugh and then feel really terrible about it. I don't know what it is but manholes are funny. I wonder if it's a homophobic thing. :silly:)

i imagine dave chapelle as clayton biggsby falling in an open manhole. that's funny, right?

my mom, in nyc of all places, stepped on a manhole which wasn't placed level, and it flipped up and she fell halfway in. nastiest set of bruises i've ever seen. now that should have been a lawsuit, but my parents go too far the other way with their disdain for frivolous lawsuits.

if it wasn't my mother, that would have been funny, too.

[Burgold]

Yeah, mine too. There were several times that my family actually should have sued, but didn't. I'll talk about those in a different thread.

Here. Mom was in Atlantic City. She was walking through a casino. I think it was Caesars, but it may have been the Wild Wild West and she was talking with my sister on the cell phone. Suddenly, she collides with a stool and takes a pretty good fall. The cool thing is all these people come rushing up to help her and assist. Mom shrugs it off and casino people arrive and they're asking if she needs to sit for a while or if they can do anything, being really nice, but worried. My Mom gets all embarrassed and flustered is like "I'm fine. I'm fine". The staff really keeps insisting that she should sit and relax (probably thinking about lawsuits). Finally, she pushes her way through and just continues her day.

When she tells me about it. I'm thinking,

"Mom, you could have at least got a free drink out of it" and we laugh.

It's such a different mindset these people have who harm themselves through their own negligence and then seek to take advantage of it.

[Goaldeje]

^^That difference is kind of depressing, isn't it?

I see the difference with my in laws who seek out complaints at restaurants to get free food. I hate going out to eat now, because if things aren't completely perfect, she bitches to the management to get it for free.

I get it if you're allergic to something and they include it on your plate after you tell them. But really? They brough you potatoes instead of green beans? Give me a break...

[PleaseBlitz]

Lawsuit is justified if there was no safety signs or cones next to the manhole. There is no law that says you can't text and walk at the same time is there? Everyone who is saying pay attention, to what? Walking? Nobody has ever walked and texted before?

Ive walked and texted. Ive never walked, texted, and fell through a ****ing whole in the street. Gotta keep your head on a swivel.

[Skins PR]

How ironic... She's now in a manhole after a lifetime of enjoying being above ground...

I guess that girl didn't think things were too... "Groovy"

In fact, you could say we just ATE Ooter, and he's in our STOMACHS right now!!!



What the hell are we talking about again?

[Bang]

I wonder how hilarious it would be if it was your daughter?
How is it an open manhole was not blocked off?

You could supplement this story with all the hundreds of idiots who wreck their cars talking on the phone every day.
Seriously, when you sit at a light, and there is a line of traffic making a left right in front of you, count how many are on the phone. If you see ten cars, odds are 7 of them are on the phone, especially in the afternoon. I honestly don't know how people survived when they couldn't call up their friend at 75 MPH and yak about how stupid they think everyone else is.
We've got DVD in cars, people read magazines while driving, put on makeup while they're driving, eat and drive, and my favorite smart activity, get all ****ed up drunk and drive.

This kid is just indicative of how stupid people have always BEEN.

~Bang

[Burgold]

I wonder how hilarious it would be if it was your daughter?
How is it an open manhole was not blocked off?
This kid is just indicative of how stupid people have always BEEN.

~Bang

Thing is, who knows there may have been cones. She may have actually been lucky enough to walk between them. It's not impossible. Still, this was at the very worst shared negligence, but really is mostly the texter's fault.

[Larry]

Don't know if it's still true, but National Lampoon used to feature Letters to the Editors. (All of which were fake.) I remember one:


I do so know the difference! A hole in the ground is round, and dark, and empty, and just lies there. And my *** is round, and, and dark, and . . .

OK, maybe it's not as easy as it looks.

- Jane Fonda.

[PleaseBlitz]

How ironic... She's now in a manhole after a lifetime of enjoying being above ground...

I guess that girl didn't think things were too... "Groovy"

In fact, you could say we just ATE Ooter, and he's in our STOMACHS right now!!!



What the hell are we talking about again?

:rotflmao:

[Monte51Coleman]

Yeah its already too much to expect some members of generation IPOD to chew gum and walk but now to text and watch your step?

I didn't realize how out of touch and insensitive I am to the young and stupid. :rolleyes:

http://img.photobucket.com/albums/v616/ctauber/old_guys_5.jpg

[Mad Mike]

WTF is with you people? The girl may have been dumb. but seriously...

They opened up a manhole on the sidewalk and walked away... A crew who's first job should have been to put up something of a barrier BEFORE opening the manhole and WALKING AWAY.

In a world full of stupid, a girl texting while walking is a light weight. The crew who left a manhole cover open and unattended on a city street gets the moron of the month award. :doh:

[Sticksboi05]

Thing is, who knows there may have been cones. She may have actually been lucky enough to walk between them. It's not impossible. Still, this was at the very worst shared negligence, but really is mostly the texter's fault.

She's a dumb *****. Pay f-ing attention. What if she was texting and walking and bumped into a little kid or a senior citizen and made them fall. She deserves nothing but embarrassment, no excuse with without signs...sadly she'll get alot of money.

But nothing around an open manhole is bad....

[Burgold]

WTF is with you people? The girl may have been dumb. but seriously...

They opened up a manhole on the sidewalk and walked away... A crew who's first job should have been to put up something of a barrier BEFORE opening the manhole and WALKING AWAY.


Methinks that one of our dear ES brethren also fell down a manhole once upon a time... ;)

It may not have even been the city, Mike. Didn't you ever when you were a young reckless scoundrel pop a top and go down into a sewer. I know when I was a rambunctious lad we sometimes did or more often dared one of our more timid group to do it. (for the young readers. It's not worth it. It's pretty boring down there although I did have one bout with an alligator and Joey lost his arm)

[Park City Skins]

I can say,with 100% certainty, what my father would have said to me had I done this.

"You okay?"

"Yes sir."

"Hurts doesn't it?"

"Yes sir."

"Guess next time you'll pay attention to where you're going won't you?"

"Yes sir."

"Let's make sure of that. Because if something like this happens again,Im taking the phone away. Clear?"

"Yes sir."

"Okay. Glad you're okay. Let's go home before your mom worries herself to death."



Mind you,there would be a bit of a serious talk with the individuals who opened that manhole and/or their supervisors about the incident as well. This to ensure proper safety protocol would be followed in the future to ensure that it wouldn't happen again to somebody else's kid.


Glad this girl is okay and wasn't seriously hurt because that could have been a worse fall.

[Burgold]

^^^

PCS, are you in fact the Beaver?

(My father would have done exactly the same... except he wouldn't have let me have a cell phone in the first place as an irresponsible kid or if he did it would only be useable for emergencies)

[DeanCollins]

I bet the service sucks down there.

especially in the belly of an alligator :evilg:

[Park City Skins]

^^^

PCS, are you in fact the Beaver?

(My father would have done exactly the same... except he wouldn't have let me have a cell phone in the first place as an irresponsible kid or if he did it would only be useable for emergencies)
:hysterical: I made the Beaver look like a true boys scout for sure. I can even see my dad's face in that conversation. Raised eyebrow,(*shudder*), and all,(though I left out the opening part where he would ask me just what the hell happened). Reason being is because I did similar things as a teen as well. That's what part of being a teen is. You're going to do stuff like this. That's one way we learn. It's got nothing to do with the generation in this case,(except the phone). Hell I lost count of how many times I went over the handle bars on my bike or flying off my skateboard because I wasn't paying attention and ran into a curb or something. And during or after getting cleaned up,I'd get a version of that conversation above. And like I said,the folks responsible for that opened manhole would get a talking to as well. Eyebrow thing included.

Oh. And he would probably be the same way with the phone or at the most,very limited minutes.

[SkinsBry]

Who is to say that she would've seen a short orange cone if it were there? She wasn't paying attention, period. Sadly, one day she'll have a drivers liscense and will cause harm to someone else. Maybe next time she can text while walking along the Grand Canyon rim, then she can sue mother nature.

[Skins PR]

You know the difference between tragedy and comedy?

Tragedy is when I lose a fingernail. Comedy is when someone else falls down a manhole and dies.

[Mad Mike]

Methinks that one of our dear ES brethren also fell down a manhole once upon a time... ;)

It may not have even been the city, Mike. Didn't you ever when you were a young reckless scoundrel pop a top and go down into a sewer. I know when I was a rambunctious lad we sometimes did or more often dared one of our more timid group to do it. (for the young readers. It's not worth it. It's pretty boring down there although I did have one bout with an alligator and Joey lost his arm)

"NYC Manhole" - You do know what the C stands for right? I think we can at least assume some degree of traffic.

I never questioned the fact that the girl was dumb. But there is a certain expectation we all have that giant holes in the ground will not be left unattended and unmarked. If not the girl, it could easily have happened that someone was bumped and fell down the hole. How about a little kid chasing his brother? There are literally dozens of bad things that could have happened to anyone around an open manhole.

I'm sorry, but falling down a hole is not the proper punishment for texting. And for all the talk and the mob mentality present here, if it was one of your daughters who fell down that hole, I'll bet you would be singing a different tune.

:doh:

[Mad Mike]

Who is to say that she would've seen a short orange cone if it were there? She wasn't paying attention, period. Sadly, one day she'll have a drivers liscense and will cause harm to someone else. Maybe next time she can text while walking along the Grand Canyon rim, then she can sue mother nature.

Who is to say that she WOULDN'T have seen a bright orange cone? The bottom line is that she never had a chance to see the cone because it was not there. :doh:

[Larry]

I'm sorry, but falling down a hole is not the proper punishment for texting.

No, but it is the proper punishment for stepping into a hole.

Edit: And it has been for millions of years.

[Larry]

Who is to say that she WOULDN'T have seen a bright orange cone? The bottom line is that she never had a chance to see the cone because it was not there. :doh:

But she did have a chance to see the big gaping hole, that was in plain view, right in front of her.

The hole did not reach out and grab her. It didn't hide. Id didn't suddenly swerve in front of her. It sat there and didn't move a single bit.

When somebody runs into a tree or a parked car, the blame isn't on the object that wasn't moving.

[SkinsBry]

Who is to say that she WOULDN'T have seen a bright orange cone? The bottom line is that she never had a chance to see the cone because it was not there. :doh:

If she wouldn't have been texting and paid attention to where she was going, she wouldn't have fallen. There are hazards everywhere, it's her own damn fault. :rolleyes:

[LD0506]

Who is to say that she would've seen a short orange cone if it were there? She wasn't paying attention, period. Sadly, one day she'll have a drivers liscense and will cause harm to someone else. Maybe next time she can text while walking along the Grand Canyon rim, then she can sue mother nature.

http://the-democratic-reporter.com/images_DEM_REPORTER/T-Star_Apr_30-06_P-Cartoon_Hazel_in_Sink_Hole.gif

[Destino]

If there were no cones or warning signs then the city workers screwed up. Everyone in this thread blaming her strike me as being full of it and intent on racking up some karma points. I don't believe that any of you pay attention 100% of the time while walking down the street... especially a street you are familiar with. I see people talking on the phone, or looking at people/places, or just lost in thought all the time.

No one expects some moron to crack open a manhole without putting up a warning of some kind. If that had been a child that fell in what would you people be saying?

[Larry]

If that had been a child that fell in what would you people be saying?

But it wasn't. Nor was she blind. Nor pushed.

How about we stick to the actual circumstances of the case? An open manhole, plainly visible to all, and a person simply walks up to it and tries to walk on air.

[Destino]

But it wasn't. Nor was she blind. Nor pushed.

How about we stick to the actual circumstances of the case? An open manhole, plainly visible to all, and a person simply walks up to it and tries to walk on air.

The actual circumstances are what I'm talking about Larry. An open manhole in the middle of a city street, is a serious hazard. People are walking around all over the place so it's not as visible as you might think. Any number of people could have fallen in and gotten injured.

Completely irresponsible to open a hole in high traffic areas and not put up some warning.

[Morneblade]

"NYC Manhole" - You do know what the C stands for right? I think we can at least assume some degree of traffic.

I never questioned the fact that the girl was dumb. But there is a certain expectation we all have that giant holes in the ground will not be left unattended and unmarked. If not the girl, it could easily have happened that someone was bumped and fell down the hole. How about a little kid chasing his brother? There are literally dozens of bad things that could have happened to anyone around an open manhole.

I'm sorry, but falling down a hole is not the proper punishment for texting. And for all the talk and the mob mentality present here, if it was one of your daughters who fell down that hole, I'll bet you would be singing a different tune.

:doh:

Actually, No. I'd do a version (probably not so polite) of PCS.

"So, you fell down a open manhole cover?!"

"Yeah pops, but I was texting!"

"Manholes are in the middle of the street, son. You mean your dumb ass was texting, while walking in the middle of a street. In New York City?"

"Yeah pops, but ya see......"

"You're lucky your not dead. Stupid SHOULD hurt. Now, tell me this. What have you learned?"

"Um.....to not text and walk?"

"Close......Try this one. Pay attention to where you are going. This includes you driving around in a 3000 pound death machine knows as a automoble while you're on your stupid cellphone. Be lucky a NYC cabbie didnt flatten your ass as you stolled out in the middle of the street."


But she did have a chance to see the big gaping hole, that was in plain view, right in front of her.

The hole did not reach out and grab her. It didn't hide. Id didn't suddenly swerve in front of her. It sat there and didn't move a single bit.

When somebody runs into a tree or a parked car, the blame isn't on the object that wasn't moving.

The problem with our society is that it's the "everyone else fault but mine" mentality that is rampant. Frankly Im really tired of it. You do something stupid, it's on you.

[Larry]

Now, I assume that this manhole was in the sidewalk, not the street.

[Mad Mike]

There is a reason warning signs, cones, flags and barriers are used on the street. It's because as a public place, constructed with the safety of it's citizens in mind, it is considered safe for public use. Opening up a hole in the ground changes that dynamic and people have a right to be warned of the increased danger.

One of my last jobs was at a manufacturer where these people would be fired for creating a safety hazard and leaving it unattended. The workers in this case created a hazard that eventually could get someone killed.

BTW. How many people believe the workers left the manhole unattended "for just a second"? Have you ever watched city workers?

Morneblade - It was not in the middle of the street. It was a public sidewalk where not once in your entire life have you ever thought: "boy I better keep looking down because I might fall into an open manhole!" ... :doh:


The problem with our society is that it's the "everyone else fault but mine" mentality that is rampant. Frankly Im really tired of it. You do something stupid, it's on you.

You mean something stupid like opening up a manhole and walking away?

[sacase]

Ok Something is not right here....This is the second time in a week I have agreed with Larry.

Anyways, its her own damn fault for walking into a manhole cover. If it was my daughter, there would be no lawsuit. She just learned a life lesson. I bet she won't do it again. If she does, then she deserves all the pain that comes her way for being stupid. What is wrong with people that they cannot take responsibility for their own actions.

[Bibby]

PCS, that is excatly how my Dad would handle the situation if that was me. Haha. He would also rip open a new one for the workers on how stupid they are in his best military officer voice, but no way in hell he would bring up a lawsuit.

[Ryman of the North]

:hysterical: I made the Beaver look like a true boys scout for sure. I can even see my dad's face in that conversation. Raised eyebrow,(*shudder*), and all,(though I left out the opening part where he would ask me just what the hell happened). Reason being is because I did similar things as a teen as well. That's what part of being a teen is. You're going to do stuff like this. That's one way we learn. It's got nothing to do with the generation in this case,(except the phone). Hell I lost count of how many times I went over the handle bars on my bike or flying off my skateboard because I wasn't paying attention and ran into a curb or something. And during or after getting cleaned up,I'd get a version of that conversation above. And like I said,the folks responsible for that opened manhole would get a talking to as well. Eyebrow thing included.

Oh. And he would probably be the same way with the phone or at the most,very limited minutes.


1- the crew who didnt leave someone at the man hole was stupid.
2- the idiot who apparently cant walk and text was stupid, you would have to be even more stupid to fall down a man hole while just walking.

3- people are stupid when they dont pay attention to their surroundings.
4- I hate stupid people.

If this had happened to me Merv would have first checked to see if i was ok, then slapped me in the side of the head and said " what were you thinking?" then removed the cell phone from my possession, there would be no thought of Suing just teaching me a life lesson so that i wouldnt repeat such a stupid mistake.

[HighOnHendrix]

If there were no cones or warning signs then the city workers screwed up. Everyone in this thread blaming her strike me as being full of it and intent on racking up some karma points.

Yes they did. But so did she. The disdain most of us are feeling about this stems from the mother planning to sue. A few good parental/supervisory tirades are all that need to be done to put a cap on the whole thing.

[SC_RedskinsFan]

What idiot leaves a manhole open on a sidewalk? I find it pretty funny that the blame is on the girl here. I know i do not look at manhole cover to see if they are close, because the are supposed to be closed. And if the are not they should be coned off, and have caution tape around them.

I dont really care what she was doing when it happened. It should have never been opened and noting around it.

[Xameil]

OK while yes the workers should have put up the cones first...or could have left one of them at the hole...how many does it take to get cones off the damn truck?

Now...it says she was walking down the street...not the sidewalk. The sidewalk manholes are HUGE if memory serves correctly...I don't remember seeing the small round ones on the sidewalk. Also, the NYC sidewalks are always busy...all those other people missed the damn hole so if she were paying attention and was on the sidewalk....I think she would have missed the hole.

[CAPT_CHAOS47]

You mean something stupid like opening up a manhole and walking away?

I think Mad Mike fell into a sewer hole or knew someone that did...Or knows that girl...

[Burgold]

Mike,

If it's on the street and there are no cones are flags it's a much bigger deal. If I'm driving 30 mph and am surrounded by traffic, if I suddenly come up to a big ole hole I may not be able to react and something really bad might happen.

If it's on a side walk or right on the curb where cars are parked, it's a little less of a hazzard, but a driver parking or a person walking should have time to be aware of their ability. Is there city negligence? Absolutely, but there's also individual negligence. First thing my parents taught me when they let me out into the world is look where your going and look both ways when crossing a street.

Now, if the city workers put out two cones, one on either side of the manhole and she was clever or unlucky enough to obliviously pass by them and into the sewer... well, than that's entirely on her.

I don't know which scenario played out, but I do know at least two things: 1) the texter shares a decent percentage of the blame. 2) My parents would not sue (although, it's possible that after I got a good talking to some city workers and their bosses might get a good talking to.

[China]

For those wondering where this occurred, here is a TV news report showing the location (in the middle of a sidewalk) in Staten Island.

http://www.youtube.com/watch?v=6Hk-ru57A-c

[Chachie]

Keep your eyes on the road. It was a manhole this time but it could be a lamp post or a fire hydrant next time, any of which she'd have fallen on and ultimately sued for. If she'd tripped over a young child and hurt the kid, she'd be the one being sued.

Keep your eyes on the road. That is all.

[Henry]

Keep your eyes on the road. It was a manhole this time but it could be a lamp post or a fire hydrant next time, any of which she'd have fallen on and ultimately sued for. If she'd tripped over a young child and hurt the kid, she'd be the one being sued.

Keep your eyes on the road. That is all.

Hell, it could have been a stalker too. You're walking down the street. Be aware of your surroundings.

If I were a parent, yes, I would be mad at the workers. But I'd also be real mad at my kid and she'd be without her phone until she could convince me she'd use it responsibly. I can tell you the LAST thing I'd do is parade her around on the news like that.

[Mad Mike]

Yeah, I fell down a hole. That's what this is all about.

I think this thread is a great example of the mob mentality expressing it's hatred for cell phones and texting. The girl makes an easy target for all of the geniuses here who have never once in their lives not focused 100% on where they were stepping while walking down a sidewalk. Because we all know that you better watch your step on public sidewalks because they are known to be dangerous with cliffs and bear traps everywhere. And clearly through their amazing powers of ESP, our esteemed board members have determined that the girl would not have seen the bright orange cones. No sense arguing, they know all possible futures and the girl didn't deserve the right to have that chance to see the cones.

And clearly city workers should not be expected to put up barriers and or cones before opening up a hole in a sidewalk and walking away. What was thinking? Must have been that fall down a manhole warping my brain. Who am I to expect workers to follow safety rules?

Seriously. Some of you people are acting like real *** ***** in this thread.

[kuraitengai]

No doubt those workers are going to get in trouble because this girl has absolutely no sense of self-preservation.
exactly....since the article said "getting ready to text message" meaning she wasnt actually doing it yet. so shes just a moron that doesnt pay attention. theres a big difference between 'was text messaging' and 'getting ready to text message'

[Larry]

The girl makes an easy target for all of the geniuses here who have never once in their lives not focused 100% on where they were stepping while walking down a sidewalk.

Or maybe:


Every single person here has had times when we weren't paying attention.

Every single person here has had something embarassing and painful happen to them.

Every single person here has then said "Damn! I was stupid. I should have been paying attention to what I was doing."

Not one person here has said "Somebody else should have prevented me from being stupid" and reached for the yellow pages.

Just proposing an alternate theory, here.

[Henry]

Yeah, I fell down a hole. That's what this is all about.

I think this thread is a great example of the mob mentality expressing it's hatred for cell phones and texting. The girl makes an easy target for all of the geniuses here who have never once in their lives not focused 100% on where they were stepping while walking down a sidewalk. Because we all know that you better watch your step on public sidewalks because they are known to be dangerous with cliffs and bear traps everywhere. And clearly through their amazing powers of ESP, our esteemed board members have determined that the girl would not have seen the bright orange cones. No sense arguing, they know all possible futures and the girl didn't deserve the right to have that chance to see the cones.

And clearly city workers should not be expected to put up barriers and or cones before opening up a hole in a sidewalk and walking away. What was thinking? Must have been that fall down a manhole warping my brain. Who am I to expect workers to follow safety rules?

Seriously. Some of you people are acting like real *** ***** in this thread.

Mike, I hear ya, and you have convinced me that the workers in this case did do something very dangerous and stupid.

That said, there's a term my wife and I use when going out into the world: Battle Ready. Being Battle Ready means that when you are out in the world, you are prepared for trouble. You don't walk down the street like a dope expecting the world will be nice to you and get out of your way, because it won't. If one of my kids wanders into the street and almost gets hit by a speeding car, yeah I'll be mad at the driver of the car, but I'll also give it to my kid for not paying attention, and for not having the basic sense to look both ways.

This girl was walking down the street completely oblivious to her surroundings. She was not Battle Ready. If she were my daughter, I'd make sure she was the next time she left the house. That's my job as a parent. We can't control the stupidity of others out in the world, which is why we have always be prepared for it.

[MurrayH81]

I will have to vote on the side of:

Both parties are at fault.

The girl wasn't paying attention, or she couldn't have possibly fallen into a hole unless she has some form of (undisclosed) handicap.

The workers should have had "safety" barriers up before they left a hole opening unsupervised. I can't comment on the length of time they left the hole unattended. I can't comment on the conditions around the hole that might have made them leaving it in that condition.

When both parties are at fault, a lawsuit doesn't make a lot of sense, especially given that the story doesn't indicate major injury or other financial or life altering issues arising from the fall.

The city countersuing her for trespassing makes about as much sense.

[Forehead]

My first day of high school, 9th grade, I was walking the hallways and talking to a friend. My head was turned sideways. You know those small white water fountains that stick out from the wall? I walked into one of those, mid thigh, and I wound up forward flipping over it and landing on my back in the middle of the hallway.

Some nice girls asked me if I was okay. As soon as I said yes, everyone started laughing. Thank God I played sports or my social life might have been over right then and there.

Using the logic of this family, I should have sued the school and the whole damn lot of them. Bastards.;)

[Chachie]

Seriously. Some of you people are acting like real *** ***** in this thread.



I think you're getting a bit unnecessarily riled up about this, MM. My post was basically the short way of saying that s*** happens and we have to be aware of what's going on. If you are walking or driving, then walk or drive. To be concentrating on a small electronic device while negotiating city streets isn't wise and something's bound to happen at some point. The workers should not have left the hole open and unattended. No question there and they should expect an accident when they don't follow procedure. However, the stronger point of my post was meant to say that when a person is walking down the street and being voluntarily ignorant of their surroundings, they could just as easily hurt someone else as they could hurt themselves. So the girl was being negligent and this time she got hurt, but if she had stepped on a baby or walked right out into the street causing a car accident would you or anyone else be here defending her? Newp.

[Larry]

I will have to vote on the side of:

Both parties are at fault.

Oh, I do agree.

There's a reason why they put up those barriers.

(It's because everybody knows that there are stupid people.)

[SkinsBry]

Or maybe:


Every single person here has had times when we weren't paying attention.

Every single person here has had something embarassing and painful happen to them.

Every single person here has then said "Damn! I was stupid. I should have been paying attention to what I was doing."

Not one person here has said "Somebody else should have prevented me from being stupid" and reached for the yellow pages.

Just proposing an alternate theory, here.

Ding, ding, ding.

Two incidents happened to me as a kid.:doh: Both involving riding a bike and not paying attention to what was in front of me. I could've sworn that parked car and telephone pole jumped out in front of me :silly:, but I just dusted myself off, laughed it off and didn't bother calling any lawyer.

[PokerPacker]

I'm not one to normally defend idiots, but that man-hole should have been marked with cones. And the statement "what if she didn't see the cone?", well ideally she'd have to walk into a cone before arriving at the open manhole thus her sense of feel would tell her something's not right. Sure, she needs to work on her peripheral vision, but that hole should've been marked.

[sacase]

Yeah, I fell down a hole. That's what this is all about.

I think this thread is a great example of the mob mentality expressing it's hatred for cell phones and texting. The girl makes an easy target for all of the geniuses here who have never once in their lives not focused 100% on where they were stepping while walking down a sidewalk. Because we all know that you better watch your step on public sidewalks because they are known to be dangerous with cliffs and bear traps everywhere. And clearly through their amazing powers of ESP, our esteemed board members have determined that the girl would not have seen the bright orange cones. No sense arguing, they know all possible futures and the girl didn't deserve the right to have that chance to see the cones.

And clearly city workers should not be expected to put up barriers and or cones before opening up a hole in a sidewalk and walking away. What was thinking? Must have been that fall down a manhole warping my brain. Who am I to expect workers to follow safety rules?

Seriously. Some of you people are acting like real *** ***** in this thread.

So should we assume the city should put up barriers around all light poles as well? I mean someone might be texting and walking at the same time and run into one. God forbid they actually pay attention to what they are doing. :doh:

[PokerPacker]

So should we assume the city should put up barriers around all light poles as well? I mean someone might be texting and walking at the same time and run into one. God forbid they actually pay attention to what they are doing. :doh:

Light poles are quite easy to see with peripheral vision when looking at an object between your hands. Man-holes are not. They have no height and thus aren't thrust into your view, they are just a void of ground.

[sacase]

Light poles are quite easy to see with peripheral vision when looking at an object between your hands. Man-holes are not. They have no height and thus aren't thrust into your view, they are just a void of ground.

Then why do people still walk into them?

[mel25]

some of ya'll need to get off your high horse wit this one. everybody here has tripped over somethin that was in plain sight. that's like a parent tellin a child to clean up there toys because someone could trip over it, and the child sayin "if somebody is stupid enough to trip over it while it's in plain sight, it serves them right."

i think the whole "texting teen" part makes her sound dumb. had it said "woman reading a sign" or "lookin at a dress in a window" or "man checkin out a female" it would probably receive a different reaction. should she have paid attention? obviously she should have, but the majority of the blame falls on the workers. their first thought should have been "somebody might fall in." that wouldn't resonably be the first thing on the mind of a pedestrian.

[Burgold]

some of ya'll need to get off your high horse wit this one. everybody here has tripped over somethin that was in plain sight.

Honestly, I think the problem isn't that she fell off a high horse into a deep hole. The problem is that her parents wanted to sue over it. I think most of us are frustrated by what we preceive to be a largely frivolous law suit. Most of us are feel this is an oops moment, dust yourself off, maybe scream bloody murder that the guy only put out two cones instead of 8 and go on your business.

On the other hand, the fact that she was riding a horse through a busy street and fell down a manhole... well, that's nothing short of impressive.

[mel25]

Honestly, I think the problem isn't that she fell off a high horse into a deep hole. The problem is that her parents wanted to sue over it. I think most of us are frustrated by what we preceive to be a largely frivolous law suit. Most of us are feel this is an oops moment, dust yourself off, maybe scream bloody murder that the guy only put out two cones instead of 8 and go on your business.

On the other hand, the fact that she was riding a horse through a busy street and fell down a manhole... well, that's nothing short of impressive.

lol well i agree with the law suit part. i was in a car accident and people told me how much money i could've got. but i figured as long as i'm ok and the car was paid for then i don't need anything else. i personally wouldn't sue in this situation. that bein said, i won't knock her hustle either. who am i to judge?

[Chachie]

some of ya'll need to get off your high horse wit this one. everybody here has tripped over somethin that was in plain sight.




I didn't sue because of it.

[mel25]

I didn't sue because of it.

i wasn't speakin on the law suit part, i was talkin more about all the "she's stupid, it's her fault" comments.

[CAPT_CHAOS47]

Yeah, I fell down a hole. That's what this is all about.

I think this thread is a great example of the mob mentality expressing it's hatred for cell phones and texting. The girl makes an easy target for all of the geniuses here who have never once in their lives not focused 100% on where they were stepping while walking down a sidewalk. Because we all know that you better watch your step on public sidewalks because they are known to be dangerous with cliffs and bear traps everywhere. And clearly through their amazing powers of ESP, our esteemed board members have determined that the girl would not have seen the bright orange cones. No sense arguing, they know all possible futures and the girl didn't deserve the right to have that chance to see the cones.

And clearly city workers should not be expected to put up barriers and or cones before opening up a hole in a sidewalk and walking away. What was thinking? Must have been that fall down a manhole warping my brain. Who am I to expect workers to follow safety rules?

Seriously. Some of you people are acting like real *** ***** in this thread.

I understand now where the MAD in mad mike came from...So you landed on your head..That sucks. Did your lawsuit get tossed out? Well next time watch where your walking Mad mike!

[artmonkforHOF]

dont want to sound mean but, serves her right.

I hate people who are in public places, and think because they are on their cell/blackberry/smartphone doing something private, that the rest of the world needs to give them their private space. Like the retard talking on his phone in a bar, and then gives people who are making a bunch of noise a dirty look. If the call is so important to you, then don't take it in a bar! go outside, or to a bathroom, or in your car, but don't expect others to act as if they are in your private office just because you can access spread sheets from your phone. If you want privacy, go find it.

Same thing applies to this girl, she thinks just because she is texting, nothing else in her surroundings matter. maybe it would help if she looked 10 ft in front of her face before she started walking and texting, then maybe she would have seen the open manhole.

[mel25]

I knock her scam because its frivolous lawsuits like these that make health care expensive for everyone and tie up the courts when more important cases should be in session. Some selfish person out to make a quick buck because of their lack of paying attention is wrong and yeah her falling into a manhole because she was texting while walking and not looking where she was going is a display of stupidity.

i feel you mr. navydave, i'm just sayin i personally won't judge her for legally gettin money that way. one could argue that she got what she deserved by fallin, and the city will get what they deserve in a law suit for carelessly leavin the manhole unmarked. and if what she did is a display of stupidity, then everybody here has had a similar display of stupidity at some point in there life.

[Stugein]

Whatever happened to "no harm, no foul"? She's fine, there's no crazy hospital bills..just move along. If she'd bumped into another person and gotten knocked down and bruised, would they sue them? What about if she walked into a wall, would they sue the building owners for not having warning signs? Yeah, they hole should've been barricaded, but have some sense. Personal responsibility seems to have gone the way of the dodo. She was lucky and is ok - some apologies and that should be the end of it. This just reeks of opportunists taking advantage of an unlucky incident.

[Chachie]

Whatever happened to "no harm, no foul"?



Somewhere along the line it became, "No harm, cry foul, make money."

[mattsb84]

I see this every day in the city. People texting DO NOT pay attention to where they are walking or their surroundings. They expect you to move out of their way. From what I've seen first hand in the city, even with orange cones, I'd bet this girl falls into the sewer anyways.

Perfect example, walking down the side walk, there was a girl coming from my left texting. The guy in front of me was walking straight and the girl stops right in front of him in the middle of the sidewalk and continues texting, he runs into her of course. Her response: What? You didn't see me?!

Everyday I have to avoid people like that. The scarier part is, people text while driving. I don't care how good you are at texting, you cannot do both safely.

For the workers part;
Being that it sounded like there was more then one worker on site, I think it would have been wise for one of them to stand by the open manhole while the other gets the cones. Or get the cones ready before opening the manhole.

[mel25]

Yep everyone has had a moment of stupidity or an embarrassing oops. Real people take responsibility and work to make sure they don't repeat that embarrassing episode not blame someone else and go the classless and liberal route of suing.

i don't think we necessarily disagree. i pretty much feel the same way, but i'm not outraged over it. if she takes up this issue in a court of law, and a judge awards her this money, so be it.

as far as the stupid moment, like you say, we all have them but her's was more severe. the thing is it wasn't more severe because she was extra stupid, it was more sever because of what somebody else did. we've all been equally as stupid/careless as she was, just not at the same time somebody else was bein stupid/careless.

[Tulane Skins Fan]

Ive walked and texted. Ive never walked, texted, and fell through a ****ing whole in the street. Gotta keep your head on a swivel.

Maybe that's because there were no holes in the streets when you did that.

Edit:

I've read over this thread and its amazing to see the lengths some people will go to call a lawsuit frivolous. Let me ask this:

Is there any doubt that someone ****ed up when they left the manhole uncovered? Does anyone think that, by itself, is not a **** up?

Has anyone here ever noticed people walking and texting at the same time? Do people do that regularly? Don't all of you do that regularly? (I know my texting is not limited to me sitting on a couch).

Does anyone think the girl was doing anything illegal?

Does anyone deny that if the manhole had been covered, as it was supposed to have been, she would have been perfectly ok walking down the sidewalk and texting?

I know its "cool" to call every lawsuit frivolous, but this is a no-brainer. This is a screw up by someone.

Now, she doesn't have a lot of injuries/damages, and so I'm sure it will be very difficult for her to find a lawyer to represent her. The case is not financially viable.

[CAPT_CHAOS47]

Remember that video of the lady in the store and didnt notice the trap door open and walked backwards and fell..HA HA AH HA but did she sue? She should have turned around before she moved on..But it was GREAT!

[Henry]

Has anyone here ever noticed people walking and texting at the same time?

Um. No?


Do people do that regularly?

No again?


Don't all of you do that regularly? (I know my texting is not limited to me sitting on a couch).

... no.

Seriously, do most people habitually walk around not looking where they are going these days? I haven't noticed this phenomenon.

But it sounds a lot like driving and talking on the cell phone, which, by the way is against the law in some places because ... it's dangerous to be concentrating on something other than what's around you when you are moving.

[Tulane Skins Fan]

Um. No?



No again?



... no.

Seriously, do most people habitually walk around not looking where they are going these days? I haven't noticed this phenomenon.

But it sounds a lot like driving and talking on the cell phone, which, by the way is against the law in some places because ... it's dangerous to be concentrating on something other than what's around you when you are moving.

I guess we live in totally different worlds.

[Henry]

I guess we live in totally different worlds.

So in your world people do habitually walk around oblivious to their surroundings?

I know I'm an old man and all but this is honestly news to me. If it's true, it's kinda scary.

[Tulane Skins Fan]

So in your world people do habitually walk around oblivious to their surroundings?

I know I'm an old man and all but this is honestly news to me. If it's true, it's kinda scary.

People walk and talk and text and walk in my world... all the time.

I don't mean to be rude when I say we live in different worlds, I just find it hard to believe that you don't think people walk down the sidewalk texting. Usually what I see is people walking and not paying attention until they get to a light, then they start to pay attention.

[mattsb84]

So in your world people do habitually walk around oblivious to their surroundings?

I know I'm an old man and all but this is honestly news to me. If it's true, it's kinda scary.

Yes, i see it everyday. Maybe its because im in NYC and I walk everywhere, but there are definitely people here that do it. People will read a book while walking, no joke. And they are definitely oblivious to whats going on around them.

[Larry]

Is there any doubt that someone ****ed up when they left the manhole uncovered? Does anyone think that, by itself, is not a **** up?

Yes.

Placing of warning signs is, IMO, a courtesy. (And a warning to those members of society who are handicapped in some way which would make them especially vulnerable to walking off of a cliff.)

Yep, posting of signs would be the mannerly thing to do.

Failing to do so, however, does not cause a person to assume responsibility for someone else's actions. Nor does it rise to the level of "a **** up".


Has anyone here ever noticed people walking and texting at the same time? Do people do that regularly? Don't all of you do that regularly? (I know my texting is not limited to me sitting on a couch).


Yes, I have noticed lots of people doing lots of stupid things. No doubt I have done similar things, myself. (I almost never text, so I've likely never done this exact stupid thing. But it's guaranteed that I've done things which are comparable.)


Does anyone think the girl was doing anything illegal?

Does anyone think this is relevant? Is there some Law of Nature I haven't heard of which announces that anything bad which happens to me is somebody else's fault, unless I'm doing something illegal?


Does anyone deny that if the manhole had been covered, as it was supposed to have been, she would have been perfectly ok walking down the sidewalk and texting?

Wow. A brand-new concept of liability. I have the right to walk around the city with my head up my Philly, and every object I run into, it's the object's fault, because if it wasn't in my path, I wouldn't have run into it.

How come the same standard doesn't apply to her?

If she hadn't tried to walk on air, she wouldn't have fallen, would she?

[Tulane Skins Fan]

Yes.

Placing of warning signs is, IMO, a courtesy. (And a warning to those members of society who are handicapped in some way which would make them especially vulnerable to walking off of a cliff.)

Yep, posting of signs would be the mannerly thing to do.

Failing to do so, however, does not cause a person to assume responsibility for someone else's actions. Nor does it rise to the level of "a **** up".

As a matter of law, you are wrong. Placement of warning signs is a legal requirement when there is a known or reasonably knowable dangerous condition that you are responsible. Its not a "courtesy," its the law.


Yes, I have noticed lots of people doing lots of stupid things. No doubt I have done similar things, myself. (I almost never text, so I've likely never done this exact stupid thing. But it's guaranteed that I've done things which are comparable.)

Does anyone think this is relevant? Is there some Law of Nature I haven't heard of which announces that anything bad which happens to me is somebody else's fault, unless I'm doing something illegal?

Taking my comment and these facts way out of context. Not everything bad that happens to you is automatically someone else's fault. However, if someone else created a dangerous condition which harmed you, then yes, its their fault. And yes, its not only relevant but also the exact question at issue in this.


Wow. A brand-new concept of liability. I have the right to walk around the city with my head up my Philly, and every object I run into, it's the object's fault, because if it wasn't in my path, I wouldn't have run into it.

How come the same standard doesn't apply to her?

If she hadn't tried to walk on air, she wouldn't have fallen, would she?

Again, taking the statement way out of context. If you walk around the city with your head up your "philly" and you hurt yourself, its your fault. If you walk around the city and someone else had his head up his "philly" and it harmed you, then its their fault.

The reason a light post and a manhole uncovered is not the same is a very simple one: their is a reasonable expectation in society that manhole covers will be covered or if not covered, then have warning signs posted.

If this girl was texting and walked into a lampost on the side of the sidewalk, I'd tell you she's a moron. However, you can't tell me that every time you walk down the street you are expecting to see uncovered manholes in your way and so you are on the lookout for them.

[wskin44]

There is also no law that says people should be rewarded financially for doing stupid things. Pay attention to where you're going when you're walking, yes; that's just common sense and common courtesy to others (so you won't bump into people). If she walked into the hole while doing nothing but walking that would be one thing; but she was doing something distracting while walking when she took a dive. That makes it HER fault.

I just read your comments strongly defending a person's right to smoke on another thread. Applying your logic above, should the rest of us have to pay higher health insurance costs to cover (financially reward) smokers who drive up the cost of medical care? Aren't the medical issues involved with smoking the fault of smokers who are making stupid choices just like the texting girl? Why should the rest of us have to pay?

[MurrayH81]

The reason a light post and a manhole uncovered is not the same is a very simple one: their is a reasonable expectation in society that manhole covers will be covered or if not covered, then have warning signs posted.

Using that very same logic, it's also reasonable to assume (if you are the work crew) that people will not be walking in the street (where manhole covers are located) since sidewalks are for pedestrians, and if they chose to enter a riskier walking venue (street vs. sidewalk), they will be paying attention - to things (like cars), unusual pavement conditions (like oil/debris), and holes (like potholes). She could have also chosen to distract/limit her awareness by wearing a bag over her head. Where would the responsibilty be then?


If this girl was texting and walked into a lampost on the side of the sidewalk, I'd tell you she's a moron. However, you can't tell me that every time you walk down the street you are expecting to see uncovered manholes in your way and so you are on the lookout for them.

Do we really need to start manufacturing doors with a internal disclaimer, that reminds people to be alert because life conditions are subject to change without warning and may constitute physical, emotional (and depending upon your belief system) spiritual hazards?

I am not saying that the work crew didn't do anything wrong. They did.

The correct response is to ask the party in error to mitigate any damages that occurred as a result of their error. Okay, cuts, scrapes and bruises; dirty clothes -- $50.00. Lesson in personal awareness and responsibility: priceless.

If a person chooses to live in a world where accidents don't occur, and their awareness can be somewhere else, that's fine. Sue the rest of the world for introducing that nasty reality thing on you from time to time. Seems silly to me.

Unless this occurred at night, or she has a handicap not noted in the story, she had as much opportunity as she really needed to avoid the hole on her own. She made a decision that the real world didn't contain imperfections, accidents and hazards. I live in a rural area, not much changes, but I don't walk around texting because things can change rapidly and unexpectedly.

Would she have seen the cones and avoided the hole -- we don't know, it is certainly possible. It seems a near certainty that she would have seen and avoided the hole (with or without cones) if she was not texting/distracted.