topic Re: Who do you think is at fault? in Community Chat

Who do you think is at fault?

cherry — Wed, 08 Feb 2017 14:44:08 GMT

A woman fell after posing on a plastic donkey and is now suing the Mexican restaurant for $15,000. She says there was no stool there to help her get on and off

She should have noticed that, when she made a poor desion to get on the thing. No one forced her to do it. There is no sign there inviting people to hop on the donkeys back to take a snap.

When are people responsible for their own choices?

Re: Who do you think is at fault?

Lipstickdiva — Wed, 08 Feb 2017 14:47:18 GMT

People will start taking responsibility for their own actions when they stop being rewarded with monetary settlements for the idiotic things they shouldn't have been doing in the first place.

Re: Who do you think is at fault?

deepwaterdotter — Wed, 08 Feb 2017 14:48:39 GMT

I suspect a judge may find the restaurant at fault for not having a sign stating no one is allowed to sit on the donkey, or for not having a barrier around the donkey to limit access to the area.

Re: Who do you think is at fault?

Mz iMac — Wed, 08 Feb 2017 14:51:40 GMT

$15k is not all that much for a suit. Especially after the atty gets his cut which is sometimes 40%.

I think the restaurant got off lucky!

Also, I would need to see a picture of this so called plastic donkey. Sorry, I just cannot picture what it actually looks like. Does plastic make a difference?????

& a link to the story.

Re: Who do you think is at fault?

mima — Wed, 08 Feb 2017 14:50:37 GMT

Of course it is her fault. It happened on their property though, so they will at least have to pay for her medical bills. More than that, I'm not sure. It is called liability. I'm sure they have liability insurance for this. Not fair, but that is how it will work.

We have rental property and have liability insurance. We were putting in new back stairs. The tenants were told to use the front stairs since we were working on the back stairs. Well, one lady used the back stairs and fell and sued us! Our liability insurance covered it, but it sure wasn't fair IMO.

We had to carry liability insurance on an empty lot in case someone walking across it fell or got hurt. There wasn't even a bldg. on the lot. Nothing!

Re: Who do you think is at fault?

KingstonsMom — Wed, 08 Feb 2017 14:51:00 GMT

If the donkey is intended as a photo-op for customers, she may have a case legally.

I've seen more bizarre lawsuits won ( hot coffee? really?)

If it's NOT intended for that, then an employee should have told her to get off and the restaurant is not liable, IMO.

Re: Who do you think is at fault?

Bri21 — Wed, 08 Feb 2017 14:51:41 GMT

If there is no sign or no barricade, the restaurant will probably be found at fault.

People just do things without thinking...

Re: Who do you think is at fault?

cherry — Wed, 08 Feb 2017 14:52:35 GMT

http://www.dailymail.co.uk/news/article-4203802/Woman-sues-Mexican-restaurant-falling-donkey.html

Re: Who do you think is at fault?

Mominohio — Wed, 08 Feb 2017 14:53:29 GMT

I think when businesses can turn around and sue people for being stupid (and win those cases) perhaps some of this idiotic behavior will stop.

Even adults today don't know where the line is, in their behavior, or respect for other's property. People think they can do whatever crosses their mind or would look good/funny on social media.

Re: Who do you think is at fault?

SeaMaiden — Wed, 08 Feb 2017 14:57:53 GMT

@cherry wrote:
A woman fell after posing on a plastic donkey and is now suing the Mexican restaurant for $15,000. She says there was no stool there to help her get on and off

She should have noticed that, when she made a poor desion to get on the thing. No one forced her to do it. There is no sign there inviting people to hop on the donkeys back to take a snap.

When are people responsible for their own choices?

@cherry( Oh, by the way a very happy belated birthday wish for you is sent your way! )

When you have a business, you must make sure that anything that could harm the public is posted to stay away... or best not to have it at all. The donkey should have had a visual sign saying not to sit on it.

that saying.....Even that sign probably would not protect the business from a lawsuit if a customer was stupid enough to get on the donkey anyway and hurt themselves. Best to just to not have the donkey at all OR RISK A LAWSUIT.

Re: Who do you think is at fault?

Poodlepet2 — Wed, 08 Feb 2017 14:57:28 GMT

I am so tired of sue

@cherry wrote:
A woman fell after posing on a plastic donkey and is now suing the Mexican restaurant for $15,000. She says there was no stool there to help her get on and off

She should have noticed that, when she made a poor desion to get on the thing. No one forced her to do it. There is no sign there inviting people to hop on the donkeys back to take a snap.

When are people responsible for their own choices?

happy mentalities.....I have heard that in the UK, you can have your day in court, but if you lose, you are not only going to pay for your lawyer, but you will pay their attorney fees as well. That's smart- not so many crowded court rooms with frivolous suits.

Poodlepet2

Re: Who do you think is at fault?

Lipstickdiva — Wed, 08 Feb 2017 15:12:57 GMT

According to the story, she is saying it should have had a saddle or something on it to keep her from falling off.

She slipped off of it and broke her spine. Had it had a saddle, she wouldn't have slid off. Then it says there is also no stool for people to get on and off.

The story says people often pose on it wearing a sombrero. They are claiming the restaurant encourages people to pose on the donkey and that people often get on top with bottles of booze, sometimes doubled up, and pose for photos.

This story is quite different from the OP's story and who knows what is going on. If the restaurant really does encourage people to get on and take photos, that is more of an issue than people just being dumb and getting on it to pose.

I'd not get on it but there could be an issue here.

Re: Who do you think is at fault?

mima — Wed, 08 Feb 2017 15:02:28 GMT

To be honest, it did look like the restaurant encourages people to climb up to take pictures after seeing the article.

The donkey did look slick. They at least needed a sign to warn they were climbing on it as their own risk.

Posting that they are climbing on it at their own risk still does not relieve the restaurant of the liability.

If the restaurant turns this over to their insurance company, they will deal with her. No lawsuit should be needed.

If it happens on your property, your insurance should pay. Again, not fair.

Re: Who do you think is at fault?

cherry — Wed, 08 Feb 2017 15:03:20 GMT

NO it's not.There is no sign saying take a picture. She could see there was no saddle

Just because other people do it, doesn't mean if you do, and it doesn't work out the same for you sue

Re: Who do you think is at fault?

Mominohio — Wed, 08 Feb 2017 15:06:37 GMT

@cherry wrote:
NO it's not.There is no sign saying take a picture. She could see there was no saddle

Just because other people do it, doesn't mean if you do, and it doesn't work out the same for you sue

The old adage "if your friends jump off a bridge are you going to do it too"? comes to mind.

She is the one that will live with the long term results of the injury if there is one. Kind of dumb to assume that just because it can be done (or has been done by others) that it should be.

Re: Who do you think is at fault?

Allegheny — Wed, 08 Feb 2017 15:29:07 GMT

My common sense thinking wants to say she is at fault for making the decision to place herself somewhere she shouldn't have without forethought.

Her defense: well everyone else does, it is an accepted practice; there is no sign banning it, there is no barriers preventing it.

But......in today's world we have to protect everyone from temptation, lack of judgement, and just plain stupidity.

If I'm in the woods and decide to climb a tree and then fall, who am I going to sue...the tree, the property owner (what if I own the property)? Well may-be I can sue the manufacturer of my footwear.

Sorry for my negativity this morning, life has been a little frustrating lately.

Re: Who do you think is at fault?

faeriemoon — Wed, 08 Feb 2017 15:07:33 GMT

Unfortunately, suing is a quick way to make a buck in this country.

Re: Who do you think is at fault?

eddyandme — Wed, 08 Feb 2017 15:12:23 GMT

@deepwaterdotter wrote:
I suspect a judge may find the restaurant at fault for not having a sign stating no one is allowed to sit on the donkey, or for not having a barrier around the donkey to limit access to the area.

IMHO no signage is required. Will restaurants be expected to put up signs to chew your food before you swallow next?!!? Why should those who lack civility and common sense get rewarded? And, whether or not she or her lawyer (wasn't too DUMB to lawyer up!) got the money, the only ones who are adversely affected in the end is the restaurant's patrons 'cause as the operating costs go up, the meal/liquor prices will rise: so one irresponsible person just managed to jack up costs for everyone, just to make a few bucks. Sad, very sad. Society should not condone this.

Re: Who do you think is at fault?

NicksmomESQ — Thu, 23 Mar 2017 15:55:54 GMT

.I can tell you,without knowing the specific laws for that state,that there is comparative or contributory negligence here.The restaurant should have had a sign posted warning people against climbing on the donkey.At the same time the woman should have used some common sense in not climbing onto it.

Bottom line liability rests at 50/50. This of course can be mitigated by specific circumstances like if there is a documented history of people being injured climbing on the donkey etc.Then it could be argued that there should have been a barrier around the donkey or it should have been removed.This could shift more of the responsibility back to the restaurant or property owner,depending on state law.

Re: Who do you think is at fault?

06greatwife — Wed, 08 Feb 2017 15:25:01 GMT

I bet the restaurant has a sign on the donkey now.