ExiledInIllinois Posted June 9, 2017 Share Posted June 9, 2017 Texting and Walking: https://www.washingtonpost.com/news/post-nation/wp/2017/06/09/the-alarming-video-that-may-convince-you-to-never-ever-text-and-walk/?utm_term=.1a3d7f99cecc Yeah, what a dumbass, but she probably has a good lawsuit. That fall into a confined space did not look too properly protected. We just completed our yearly fall protection & confined spaces training and this set up in New Jersey doesn't look too kosher. It wasn't marked or anything. I think railing or protection has to be 39"-45" when leaving something open... That pit door looked less. Can a pit door double as fall protection? If they set up a safety perimeter, the dumbass texter would have still dumped, but not 6 feet down into a confined space. Any OSHA experts on the board? This was a public walkway. Not one caution sign. I know, I know... Don't text and walk. Link to comment Share on other sites More sharing options...
Chef Jim Posted June 9, 2017 Share Posted June 9, 2017 So WaPo is going to make me subscribe in order to read that? Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 9, 2017 Author Share Posted June 9, 2017 So WaPo is going to make me subscribe in order to read that? Oops. I got it free from Google. But link I copied from source. I will post Google link. Is this better? https://news.google.com/news/amp?caurl=https%3A%2F%2Fwww.washingtonpost.com%2Fnews%2Fpost-nation%2Fwp%2F2017%2F06%2F09%2Fthe-alarming-video-that-may-convince-you-to-never-ever-text-and-walk%2F#pt0-170544 Link to comment Share on other sites More sharing options...
Chef Jim Posted June 9, 2017 Share Posted June 9, 2017 Oops. I got it free from Google. But link I copied from source. I will post Google link. I looked it up. That is freaking hilarious. Sorry she's pretty banged up but still. Many of the rules and regulations we have today are to protect dumbasses from themselves. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 9, 2017 Author Share Posted June 9, 2017 Hey... I am a cheap azz too and never subscribe, but first link works for me. Mobile phone Samsung Galaxy S6 running Chrome on Nougat. I looked it up. That is freaking hilarious. Sorry she's pretty banged up but still. Many of the rules and regulations we have today are to protect dumbasses from themselves. Yeah, I agree. Just watched training video. Dumbazz worker sits on skylight and falls to his death. We just had a lockman have his legs taken out and both knees broken in two by an exploding mooring line. Why was guy sitting on skylight? Why was lock operator standing in "line of fire" of tensioned mooring line? @ The Lock a couple of years ago, we had to replace a million dollars of handrail. It was too low. It was built in 1960. WTF! Link to comment Share on other sites More sharing options...
Wacka Posted June 9, 2017 Share Posted June 9, 2017 Nor an OSHA case. She was not a worker, Link to comment Share on other sites More sharing options...
DC Tom Posted June 10, 2017 Share Posted June 10, 2017 She was maybe 15 feet away when she pulled out the phone. How do you not see an obstacle fifteen feet in front of you? The cell phone's practically irrelevant to that accident. That's not an example of "the dangers of walking while texting." That's an example of "the dangers of walking while completely !@#$ing stupid." Link to comment Share on other sites More sharing options...
Kirby Jackson Posted June 10, 2017 Share Posted June 10, 2017 That's going to fall to the general liability. It will almost certainly fall to whoever is doing the work down there. I'm sure that they are holding the city harmless. The woman may try to drag them in as well but ultimately it will be paid by the company that has it open. Link to comment Share on other sites More sharing options...
DC Tom Posted June 10, 2017 Share Posted June 10, 2017 That's going to fall to the general liability. It will almost certainly fall to whoever is doing the work down there. I'm sure that they are holding the city harmless. The woman may try to drag them in as well but ultimately it will be paid by the company that has it open. It shouldn't be paid by anyone. The immediate cause wasn't a danger caused by irresponsible workers. It was a dangerous situation caused by a pedestrian who couldn't successfully walk. If it wasn't that, she would have been hit by a car crossing the street, or fallen off a cliff taking a selfie, or some other such "not anyone else's fault but hers" bull ****. Link to comment Share on other sites More sharing options...
Augie Posted June 10, 2017 Share Posted June 10, 2017 ...and THAT is how the herd gets thinned! Link to comment Share on other sites More sharing options...
apuszczalowski Posted June 10, 2017 Share Posted June 10, 2017 She was maybe 15 feet away when she pulled out the phone. How do you not see an obstacle fifteen feet in front of you? The cell phone's practically irrelevant to that accident. That's not an example of "the dangers of walking while texting." That's an example of "the dangers of walking while completely !@#$ing stupid." Well, according to her son, she is legally blind Apparently not legally blind enough to not be able to look at and use a cell phone, but legally blind enough to not see a giant opening in the sidewalk...... Link to comment Share on other sites More sharing options...
Kirby Jackson Posted June 10, 2017 Share Posted June 10, 2017 It shouldn't be paid by anyone. The immediate cause wasn't a danger caused by irresponsible workers. It was a dangerous situation caused by a pedestrian who couldn't successfully walk. If it wasn't that, she would have been hit by a car crossing the street, or fallen off a cliff taking a selfie, or some other such "not anyone else's fault but hers" bull ****. I don't necessarily disagree that it shouldn't be paid but it will be. I've seen a lot less paid (especially recently). Link to comment Share on other sites More sharing options...
Marv's Neighbor Posted June 10, 2017 Share Posted June 10, 2017 Legally blind with no cane or other assistance? It's a sad story but all the regs/laws in the world would not have changer that. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 10, 2017 Author Share Posted June 10, 2017 Legally blind with no cane or other assistance? It's a sad story but all the regs/laws in the world would not have changer that. A temporary perimeter. She would have tripped into that? I would think there would be an OSHA reg when starting a job in a pedestrian walkway with regards to open pits. Not too crazy. A few cones and safety chain a few feet away and around the pedestrian walkway? Trip into that. Better than taking a nosedive down six feet. Link to comment Share on other sites More sharing options...
Just Jack Posted June 10, 2017 Share Posted June 10, 2017 I don't necessarily disagree that it shouldn't be paid but it will be. I've seen a lot less paid (especially recently). Maybe she did see it and thought "Payday!" Well, according to her son, she is legally blind Apparently not legally blind enough to not be able to look at and use a cell phone, but legally blind enough to not see a giant opening in the sidewalk...... True story, I was in Huntsville Alabama and went to see the US Space & Rocket Center. They had a group of blind kids there touring the center. A lot of them did have phones, but to use them they were holding them literally inches from their face. Watching the video I don't see where she could be called legally blind either. Link to comment Share on other sites More sharing options...
Chef Jim Posted June 10, 2017 Share Posted June 10, 2017 Well, according to her son, she is legally blind Apparently not legally blind enough to not be able to look at and use a cell phone, but legally blind enough to not see a giant opening in the sidewalk...... So now there will be regulations that will require audio warnings all over? "Warning hole ahead!" "Caution telephone pole!" "Warning dog **** on sidewalk!" Link to comment Share on other sites More sharing options...
Kirby Jackson Posted June 10, 2017 Share Posted June 10, 2017 To add some perspective to how out of control these claims have gotten, I have a waste hauler client that just had a $70K claim paid for someone that ran into the back of them, drunk!! Link to comment Share on other sites More sharing options...
Chef Jim Posted June 10, 2017 Share Posted June 10, 2017 To add some perspective to how out of control these claims have gotten, I have a waste hauler client that just had a $70K claim paid for someone that ran into the back of them, drunk!! On what basis was the claim paid?? We so need tort reform in this country. Link to comment Share on other sites More sharing options...
Kirby Jackson Posted June 10, 2017 Share Posted June 10, 2017 On what basis was the claim paid?? We so need tort reform in this country. They claimed that the truck came to an abrupt stop and one of the brake lights was out. The car hit the brake light. The plaintiff also knew the cop that responded apparently. The insurance company decided it was cheaper to settle than to fight it. They get bs claims like this all of the time. They had a property damage claim last year by 3 people saying that the trucks damaged their cars. The trucks weren't on the road that day. We've put 360 degree dash cams in so hopefully this cuts back some of the bs but totally agree on tort reform. Link to comment Share on other sites More sharing options...
Chef Jim Posted June 10, 2017 Share Posted June 10, 2017 They claimed that the truck came to an abrupt stop and one of the brake lights was out. The car hit the brake light. The plaintiff also knew the cop that responded apparently. The insurance company decided it was cheaper to settle than to fight it. They get bs claims like this all of the time. They had a property damage claim last year by 3 people saying that the trucks damaged their cars. The trucks weren't on the road that day. We've put 360 degree dash cams in so hopefully this cuts back some of the bs but totally agree on tort reform. I was always taught the car that did the rear ending is ALWAYS at fault. Huh.... And !@#$ that cheaper to pay than fight ****. It's not about the money sometimes. It's about not setting precedents for other idiots to point to. Link to comment Share on other sites More sharing options...
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