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Honored Contributor
Posts: 20,648
Registered: ‎03-09-2010

Re: Who do you think is at fault?

Nobody from the restaurant made her do it, right?   She decided to do that and she fell.  Her fault, IMO.

 

I was in a restaurant/bar once and slipped on the stairs. People were saying I should sue them.  Why?  They didn't do anything that caused me to slip - I DID!   

 

Now that people do so many stupid things, they need to learn that they are responsible for their own stupid behavior.  Unless a restaurant employee pushed her off, it's not their fault unless they put her up there.

 

Sadly, however, they will probably have to pay for her carelessness and stupid decision.    That's a shame, but the ridiculous precedent has already been set.  

Honored Contributor
Posts: 17,739
Registered: ‎03-09-2010

Re: Who do you think is at fault?

I am a petite, and everyone that is knows, you can't hop on something ,just because other people, who are taller, can do it

 

The fact she needed a stool, should have been enough warning ,to anyone with some common sense, not to try.

 

 

The fact there was no stool ,also  should make someone understand ,this isn't a restaurant sponsored  event

Super Contributor
Posts: 378
Registered: ‎03-10-2010

Re: Who do you think is at fault?

Remember, we live in a time where common sense is not so common.

Public areas must be made safe for all levels of intelligence.

 

Am afraid the donkey is considered an "attractive nuisance", and therefore, the restaurant is at fault.

 

“There are two ways to be rich: One is by acquiring much, and the other is by desiring little.” —Jackie French Koller
Honored Contributor
Posts: 9,305
Registered: ‎06-08-2016

Re: Who do you think is at fault?

She won, didn't she??

 

LIke I said, that's not the whole story

 


@Spurt wrote:

@software wrote:

There was a lot more to the coffee lawsuit than most people know.

The restaurant had been cited for too high a temperature more than once.

That's just part of the story.

 




 

 


@software

 

Yep, there is more to it than that----animated-smileys-rolleyes-10.gif

 

n February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49-cent cup of coffee from the drive-through window of a local McDonald's restaurant located at 5001 Gibson Boulevard Southeast. Liebeck was in the passenger's seat of a 1989 Ford Probe owned by her grandson Chris, which did not have cup holders, and Chris parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap.   animated-smileys-rolleyes-10.gif

liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin.

 

https://en.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants

 

Yep, I always put a cup of hot coffee between my knees....animated-smileys-rolleyes-10.gifanimated-smileys-rolleyes-10.gif

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Respected Contributor
Posts: 3,512
Registered: ‎03-09-2010

Re: Who do you think is at fault?

Melania, there are many people who have orthostatic hypotension: they get dizzy or pass out if they bend over or get up too quickly. It's motion related. It can be a side effect of medication as well.

 

My daughter was diagnosed with it when she was 18. The cardiologist did a "tilt table" test. She was having episodes where she would pass out!  

You don't need to give up driving, but for those who suffer OH, they are warned to always get up slowly.....and avoid carnival rides!

 

PS- you are a party pooper....for fun I was going to go to Mickey D's and order a big fat cup of coffee.  Of course, the cup holders in our car don't accommodate large cups. Being scalded is not fun. What a boring day!

Poodlepet2

Super Contributor
Posts: 283
Registered: ‎03-22-2015

Re: Who do you think is at fault?

[ Edited ]

@Melania wrote:

@Anita Hug wrote:

I once lost my balance, fell, and injured myself while putting air in my tires outside a convenience store.  I could not believe how many of my friends and family were pushing me to sue the business because of my fall.  

 

An employee ran out and helped me get back up, made sure I was okay and wanted to do an incident report. I thought that their attention was excessive until later when I started recieving suggestions to sue them! 

 

I didn't trip on anything. I just had a bout of vertigo from being stooped over and standing up quickly a few times. Should the business put up signs stating to be careful because some people get dizzy when inflating tires?  LOL.   Some may be disappointed in me for not making them pay, but I'm disappointed in those who believe that I should have cashed in.


Not meant to be rude but you drive knowing you get bouts of Vertigo even if it's from inflating tires?


 

The vertigo is related to positional changes - primarily when going from a horizontal to vertical position.  I don't know about you, but I don't usually bend over and stand up repeatedly while I am driving.

 

Odd question considering that one does not need to be the driver to put air in the tires. I used to have my daughter do it for me all the time before she was old enough to drive. Now she's an adult (and isn't in the car with me anymore) so I no longer have an alternate tire filler-upper.     ;-)

 

ETA Thanks Poodlepet for understanding what I meant. That is just another reason I understood the fall was not the fault of the store. I knew I shouldn't be moving up and down so quickl because of that problem, but I didn't want the timer to run out on the air machine, LOL. It was totally my own fault. I should actually squat down to keep my head more level, but my darn knees won't let me.   Cat Surprised

Trusted Contributor
Posts: 1,667
Registered: ‎03-10-2010

Re: Who do you think is at fault?


@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?


In this society -- NEVER.  I certainly hope she gets NOTHING from this stupid lawsuit.  It's not the restaurant's fault she is an idiot.

Honored Contributor
Posts: 9,139
Registered: ‎04-16-2010

Re: Who do you think is at fault?

Is the purpose of the donkey for people to climb on it? If not, her fault.

Respected Contributor
Posts: 4,028
Registered: ‎03-19-2010

Re: Who do you think is at fault?

Reading further, the incident occurred 18 months ago.  She is currently 58 years old.  Seems many people pose on this statue and it is being insinuated the establish may condone if not actually encourage this practice.

 

I still feel regardless of signage, it is each person's decision and responsibility whether they can safely get on and off the donkey.  It is not a required mandatory action.

 

Yes, she will probably get the money.   I don't think the restaurant will want to fight this issue and incur a hefty legal bill for just $15,000.  

 

I think she is fully aware of this and that is why she suing for such a small amount.  I hate to make such accusations about people I don't know, but this is my gut feeling.

Honored Contributor
Posts: 14,917
Registered: ‎03-09-2010

Re: Who do you think is at fault?

@Bri21 Yes so if people just do things without think...doesn't that make it their fault then.