Who do you think is at fault?

cherry · ‎03-09-2010

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?

Lipstickdiva · ‎03-10-2010

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.

deepwaterdotter · ‎03-09-2010

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.

Mz iMac · ‎07-26-2014

$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.

"Never argue with a fool. Onlookers may not be able to tell the difference."

mima · ‎03-14-2010

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!

KingstonsMom · ‎03-09-2010

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.

You never know how strong you are until being strong is the only choice you have.

Bri21 · ‎12-30-2016

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

People just do things without thinking...

cherry · ‎03-09-2010

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

Mominohio · ‎08-08-2010

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.

SeaMaiden · ‎03-10-2010

@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.