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Random Politics & Religion #00
By Enuyasha 2015-05-18 04:29:07
The judge needs to throw it out of court, as she's wasting the courts time and taxpayer money.
No, I pay for streets to drive on, and sidewalks to keep people out of the streets, at no point are either guaranteed to not have holes in them, or other defects, it's why I watch where I walk, and where I drive.
But as logic is going to escape this argument, wait until either the judge throws it out or the case is heard, as this is fruitless. At some point though there is legal basis that it was in some way out of your control, so "Common Sense" would have to be deemed in the context of the situation. Did she slip on a slanted surface while wearing heels that she didnt know how to walk in? Common Sense mistake, throw it out. Did she slip because the surface had become obviously out of disrepair (More than just that little bumb in the cement that occasionally will happen) enough where it shouldve been repaired anyway, but the city itself somehow didnt get to it. This would be a case depending on if theres evidence of others who have fallen previously in the same manner at no fault of their own.
By Jetackuu 2015-05-18 06:20:59
No it wouldn't, as the city is under no obligation to even build the sidewalks, much less maintain them in perfect condition.
They build sidewalks to keep people from walking in the street, it's a curtsey to prevent people from getting hit, not a luxury yellow brick road.
Hell, you're lucky if there's a sidewalk.
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By Asura.Kingnobody 2015-05-18 07:21:53
No it wouldn't, as the city is under no obligation to even build the sidewalks, much less maintain them in perfect condition.
They build sidewalks to keep people from walking in the street, it's a curtsey to prevent people from getting hit, not a luxury yellow brick road.
Hell, you're lucky if there's a sidewalk. As much as I hate to admit it, Jet guessed right
The property owner is responsible for the sidewalks, not the city.
By Enuyasha 2015-05-18 07:31:31
Whatever then, case will get thrown out anyway.
Although apparently there were 885 other cases of the same nature, some of which have been payed up to half of what she is filing. So, maybe not.
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By Asura.Kingnobody 2015-05-18 07:51:40
NYC needs to adopt the same limits other states have on injury cases, where the most one can receive is $750k.
Then these frivolous lawsuits would disappear overnight, and Al Sharpton would become irrelevant at the same time.
It's a win-win scenario for everyone except liberals, which means it's a win-win-win for everyone.
By Enuyasha 2015-05-18 08:05:38
NYC needs to adopt the same limits other states have on injury cases, where the most one can receive is $750k.
Then these frivolous lawsuits would disappear overnight, and Al Sharpton would become irrelevant at the same time.
It's a win-win scenario for everyone except liberals, which means it's a win-win-win for everyone. Im sure the only people that keep making him relevant are the "Conservatives" that spend a large amount of their time keeping tabs on him and his ilk. 750K Sounds fair enough, would get rid of ambulance chasers as well at this point, nevermind those people will still exist to feed off of some kind of tragedy.
By Ramyrez 2015-05-18 08:27:36
My handicapped grandmother fell on a handicapped ramp that wasn't well-cleaned on her way to the bank and the bank practically bent over backward to accomodate her medical bills and the like.
We're not a sue-happy family, but their actions indicate to me that they rushed to do so in order to avoid further litigation if at all possible, as banks don't throw money away needlessly.
And I promise you my grandmother was way more injurred than this woman.
Dammit, grandma. Should have sued. I'd still be rolling in dough.
Lakshmi.Flavin
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By Lakshmi.Flavin 2015-05-18 08:33:14
If it makes you feel better she will not get anywhere near $5 million... She won't even get $750,000 so the cap would make no difference...
Also, this may vary from state to state, but the city is usually held accountable for maintaining the safety of the roads/sidewalks/etc. If it is found out that they knew there was a problem big enough to cause incident and didn't fix it then there is potential for liability. There are plenty of claims filed against the city for auto incidents and the such for damage to vehicles from potholes and the like.
I will say that it is crazy how badly people can hurt themselves just tripping over a raised crack in the sidewalk or something similar but people have walked away with quite a bit of money from stuff like that. I can't say I have access to or know many details about this case but while she might have the ability to finagle a settlement she won't get anywhere near her initial demand.
By Ramyrez 2015-05-18 08:52:16
I can't say I have access to or know many details about this case but while she might have the ability to finagle a settlement she won't get anywhere near her initial demand.
Which is likely why it's so high in the first place. Aiming high so they still get a year or two's worth of a normal worker's pay. -.-;
But yeah. When it comes to snow/ice/etc. it falls on the property owner, but when it comes to actual damage to the street or sidewalk think it comes under the municipality?
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By Asura.Kingnobody 2015-05-18 09:06:15
Does anyone ever read the sources I provided?
It clearly states that the property owner is fully and wholly responsible for sidewalk care and maintenance....
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By Lakshmi.Sparthosx 2015-05-18 09:06:17
I can't say I have access to or know many details about this case but while she might have the ability to finagle a settlement she won't get anywhere near her initial demand.
Which is likely why it's so high in the first place. Aiming high so they still get a year or two's worth of a normal worker's pay. -.-;
But yeah. When it comes to snow/ice/etc. it falls on the property owner, but when it comes to actual damage to the street or sidewalk think it comes under the municipality?
In NYC, correct.
Quote: They build sidewalks to keep people from walking in the street, it's a curtsey to prevent people from getting hit, not a luxury yellow brick road.
Hell, you're lucky if there's a sidewalk.
Maybe in a suburb this makes sense where everything is in a strip mall or mall complex.
But in a city, sidewalks are a valuable means of transportation from place to place. A place where many people are walking as they are driving.
Since we're talking NYC, you'd be crazy most times not to use mass transit to get from place to place in Manhattan. Traffic and parking will literally end you.
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By Asura.Kingnobody 2015-05-18 09:11:09
Lakshmi.Sparthosx said: »In NYC, correct. Incorrect
NYC §7-210(c) said: Notwithstanding any other provision of law, the city shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks (other than sidewalks abutting one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes) in a reasonably safe condition. This subdivision shall not be construed to apply to the liability of the city as a property owner pursuant to subdivision b of this section. Only way city would be held liable is if she was walking down a residential area. I'm not from NYC, but "Broome Street and Broadway downtown" doesn't sound like a residential area to me. Looking at Google Maps, I see 3 businesses that could be directly responsible for this.
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By Lakshmi.Flavin 2015-05-18 09:12:32
Which is likely why it's so high in the first place. Aiming high so they still get a year or two's worth of a normal worker's pay. -.-; She shouldn't even get that much unless theres some kind of mitigating circumstance.
You can throw out whatever number you want but that doesn't mean you'll even get anything in the end. for her it's probably just another chance to get into the news but why you'd even want to be for this idk...
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By Lakshmi.Sparthosx 2015-05-18 09:13:28
Well I'll be damned, good catch.
Broadway and Broome is SOHO, they can afford to pay out poor Ms. Sharpton. :P
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By Asura.Kingnobody 2015-05-18 09:14:50
She shouldn't even get that much unless theres some kind of mitigating circumstance. She shouldn't get that much period.
Leviathan.Chaosx
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By Leviathan.Chaosx 2015-05-18 10:50:54
Texas back in the news:
Quote: Nearly 200 people were arrested on Monday a shootout between rival motorcycle gangs a day earlier where nine people were killed and 18 injured at a restaurant that law enforcement called a horrific crime scene.
The bikers from at least five rival gangs attacked each other with guns, knives, brass knuckles, clubs and motorcycle chains at a Twin Peaks Sports Bar and Grill in the central Texas city of Waco. No bystanders or police were injured, police said.
When the bikers began shooting, officers moved in, some of them also firing their weapons. When the shooting ended, bodies were scattered in the restaurant and across two parking lots.
At least 50 weapons were recovered from the blood-soaked crime scene and 192 people had been arrested in connection with the deadly brawl, Waco police said.
"Yesterday's events was bad guys on bad guys. When our officers arrived, those bad guys turned their guns on our officers," Waco Police Sergeant Patrick Swanton told a news briefing.
"Some of those (charged) may have been witnesses, many of those are going to be individuals involved in the shooting, and criminal charges may be applicable for that," he said.
The Texas Alcoholic Beverage Commission is closing Twin Peaks located at a shopping mall by a busy highway for at least seven days "due to the ongoing danger it presents to our community," police said.
Twin Peaks is a chain restaurant where scantily clad waitresses serve bar food.
Police are worried about retaliation over the attack, saying officers and hospital staff have been threatened.
"I will tell you that we have had threats against law enforcement officers throughout the night," Swanton said.
The fight appears to have started in a bathroom, moved to the restaurant and then spilled out into paring lots where police had positioned themselves in anticipation of trouble.
Police said restaurant management had been informed about the meeting of the rival gangs and could have done more to prevent the incident. The restaurant manager said he is cooperating with law enforcement. Nearly 200 arrested in deadly Texas biker gang shootout
By Ramyrez 2015-05-18 10:51:40
The lesson of the past 25 years? Much of Texas may be okay, but Waco is Whacko™.
Leviathan.Chaosx
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By Leviathan.Chaosx 2015-05-18 10:54:44
See the problem is you take their guns first then their jobs, not the other way around.
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By Asura.Kingnobody 2015-05-18 10:56:49
Waco isn't as bad as Austin though.
But considering that the police knew about the meeting and were in position, it seems like they were expecting this to happen, which they should have stepped in a whole lot sooner...
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By Asura.Kingnobody 2015-05-18 10:58:29
Also, it is highly likely that these gangs were from out of state too. But then again....
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By Lakshmi.Sparthosx 2015-05-18 11:00:00
Where were the good guys with guns? And I don't mean the police.
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By Asura.Kingnobody 2015-05-18 11:01:04
Texas Rangers were doing what Texas Rangers do.
Meaning more important stuff than the local police.
By Ramyrez 2015-05-18 11:01:46
Waco isn't as bad as Austin though.
I'm clearly alluding to David Koresh. Who may or may not have been from out of state, I don't know, I don't feel like looking it up because Jesus Fake *** Christ you're touchy about your *** state.
By Ramyrez 2015-05-18 11:02:16
Texas Rangers were doing what Texas Rangers do.
Meaning more important stuff than the local police.
Roundhouse kicking stereotyped badguys because their sidekick and/or girlfriend got kidnapped again?
Alternatively:
Texas Rangers were doing what Texas Rangers do.
Leviathan.Chaosx
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By Leviathan.Chaosx 2015-05-18 11:02:48
Jesus and his fake ***, lol.
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By Asura.Kingnobody 2015-05-18 11:03:06
Waco isn't as bad as Austin though. I don't feel like looking it up because Jesus Fake *** Christ you're touchy about your *** state.Yes, I'm touchy about anyone badmouthing Texas.
Want to fight about it?
By fonewear 2015-05-18 11:03:53
Jesus and his fake ***, lol.
Jesus had real ***. I know from experience...
Can we continue the fake *** discussion I think it is worth it !
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By Asura.Kingnobody 2015-05-18 11:04:03
Texas Rangers were doing what Texas Rangers do.
Meaning more important stuff than the local police.
Roundhouse kicking stereotyped badguys because their sidekick and/or girlfriend got kidnapped again? More like solving murders and investigating state crimes.
Not everything is like what Chuck Norris does >.>
By fonewear 2015-05-18 11:05:00
We talking about the biker gang in Waco. Breaking news biker gang shoots other biker gang. More at 11 Bill !
By Ramyrez 2015-05-18 11:05:16
Texas Rangers were doing what Texas Rangers do.
Meaning more important stuff than the local police.
Roundhouse kicking stereotyped badguys because their sidekick and/or girlfriend got kidnapped again? More like solving murders and investigating state crimes.
Not everything is like what Chuck Norris does >.>
Lies.
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