Comments on: Manhole swallows teen texter

A 15-year-old in Staten Island is so busy texting that she doesn't see a manhole and falls into it. According to a report, her parents intend to sue.

[monkeyfun14]

Sorry that would be humorous to see almost cartoon like. Not paying attention and whoosh.

[InkyRed]

Yup! I wish i could see it. Also don't care what everyone says. If I have any reason, I'll sue your ass.

[sobishop]

They are both at fault so the case should be dismissed. The only thing bruised on that girl was her pride. If she would have had any serious injuries, then DEP should pick up the bill. If they refused, then you should sue.

[make_or_break]

No, they're not both at fault. There is a reasonable expectation that when you're walking on a sidewalk that there WILL be a walking surface there for you to actually do your walking on. After all, that's what your tax dollars are paying for. In this case the manhole cover was removed by the utility crew, THEN they left it open to go off and get the warning barriers and cone(!). How backwards is that?

Just as you can't say for sure that this girl would've seen the barriers regardless of her texting, you can't say that those barriers--had they been in place--wouldn't have done their job...and kept her from falling in...fact is, the barriers should have been there prior to pulling out the manhole cover, period.

There are a LOT of things that can distract people from watching where we're going as we walk along; a pretty girl, a hot car driving by, bumping into someone you know, your dog getting itself into trouble...the list is virtually endless. In this case it only gets press because it happens to be a case of texting, and we all know how volatile this issue has been in the case of driving.

The utility crew screwed up. Even on site it sounds like they were honest enough to fess up to their mistake.

[Firehazel]

they are both at fault: DEP did not put up cones, Alexa was not paying attention.
AS a 16 y/o who textes regularly, i make sure i am aware of my enviroment before i isolate my self temporarily to answer a text... it's one responsibility to make sure where he or she is going... even if there are no warnings... you can't say " OMG i fellz into a hulz cux i was txting my bff Jill..."

[hemen thacker]

ha ha ha ... I don't know if the kid or parents will learn from the episode... if somebody had filmed it was a big hit on youtube....

[sting7k]

I'm sure some security camera caught it nearby, give it a few days. I want to see this.

[vickymiller]

The parents are suing on behalf of their daughters stupidity?? What is this world coming to? Everyone always has to look at some other source rather than their own kid's actions. Kid not doing so well in school? Sue the teachers. Kid falling through a manhole? Sue the DEP. This country has given way to the "me, me, me" way of thinking as opposed to being responsible and learning from one's own actions.

[fcz1]

If there was an open manhole without any barriers around it, her parents have every right to sue. I've yet to read a story about this that says if it was or not. She may have been stupid, but DEPA may have been more stupid for not putting up a barrier. She could have been doing anything... talking to her mom or looking at a building... anything to not see it if it wasn't properly chained off.

[cpopken]

That is where you look where you are walking. While I agree there should have been barriers abound an open hole, it is her responsibility to pay attention to what is going on around her.

[odubtaig]

Why should anyone be looking out for something that shouldn't be there? If she stepped out onto the road without looking you'd have a point (don't you guys have really hardcore jaywalking laws or something?) but she didn't, she was walking on the pavement (sorry, sidewalk).

There's a reason it's a legal requirement to put barriers up and it's precisely because it's unreasonable to expect people to be looking out for great big holes in their path.

As for suing, I'm less and less surprised by this these days. Complaining through the proper channels gets you a whole lot of nothing due to the increased culture of CYA and I won't be at all surprised when NHS hospitals start getting sued because when you're treated badly by hospital staff you complain to the hospital where you've been treated so badly. Might as well be complaining to the wall. It's also no mistake that the grey brick universities in this country are the best for treatin students as people when the red-bricks have only been in the remit of the external ombudsman for a couple of years.

Short version: it's increasingly the case that the only way some people can be made to suffer for their actions is through the courts.

[El_Segfaulto]

While I agree texting while walking/biking/driving is unbelievably stupid I do believe that DEPA should have had that thing covered. If the girl had been blind (with a really dense dog) they would have been completely at fault. This kinda reminds me of that game Lemmings.

[dfrisco]

@ odubtaig

"Why should anyone be looking out for something that shouldn't be there?"

It is called being defensive because ANYTHING can happen. Either you are too young to understand this or you are just naive.

"it's unreasonable to expect people to be looking out for great big holes in their path."

You obviously haven't been on California highways have you. Do you also think it is unreasonable to watch out for oncoming cars when signs clearly show it is ok to cross the street?

This is just a case of a naive teenager who learned something the hard way. Hopefully she will watch where she is walking, next time. But who is to say she wouldn't have fallen in even if she was paying attention. She might just be that stupid.

[odubtaig]

So she should be looking out for stray meteorites? Get real. The open manhole cover would not have been a hazard if someone had been doing their job.

Likewise, it may be unwise to cross without making sure traffic has actually stopped but if I go through a red light and kill someone who didn't look (more than should be expected of them in a sane society) for some reason I'm still going to prison. I can't imagine why, but the courts will take the view that their not being sufficiently paranoid was no ******* excuse for my mowing them down.

That's why it's law that I have to stop at a red light. Hmmmm, it's also law that they should have had barriers and warnings up. I wonder if any conclusions can be drawn from this? I mean apart from the DEP workers being ******** incompetents.

I also don't give a crap how bad California's highways are, the Governator's handing out IOUs because the budget's so broken so the level of maintenance and repair on your roads is not to be held up as a standard. In the meantime, we're talking about something that occurred in New York.

[kaibelf]

She's an idiot. Watch where you're going, for god's sake. What if she had walked off the side of the expressway? Would she sue the state for building an overpass in the way of her SMS addiction?

[scottcunning]

That is a stupid analogy.

[rkpchi]

and here I thought it would be the responsibility of the service provider to have a clear warning regarding texting while walking. She could have just as easily walked in front of a bus as falling into a manhole.

[ZetaZeta_]

When I saw a different article's headline "Girl falls down manhole while texting, parents sue." I was thinking "Sue whom? The Wireless Carrier? The friends she was walking with? The construction company?"
...
"Oh... Department of Environmental Protection, makes sense brah"

[odubtaig]

Yes, given that they were DEP workers and not working for some construction company the logical target would be the DEP.

ZetaZeta_: failing to read before commenting since 2009.

[sgtstank]

fcz1- when are we, as a society, going to start being accountable for ourselves and our actions instead of blaming any and everybody else possible? The idiot walked in to a hole, plain and simple. You can't assume that every hazard in life will have a freakin warning sign and barrier in front of it! C'mon people!

[vickymiller]

Thank you. I was going to address fcz1's comment, but you took care of that. What you said is what I said in the first place, people are always looking to blame someone else.

[fcz1]

No, but every time I've seen an open manhole, the workers put up a little chain fence around it. I'm not saying she wasn't a moron, she probably is. But DEPA still needs to be accountable as well and take certain safety precautions when opening a hole in the ground where people walk. What if the story was about a blind person that fell into a manhole that didn't have the proper safety precautions? Everyone would be all over them.

And again, I do not know if those precautions were in place or not. But they should have been.

[xanadul]

True but as a society its kinda understood that public works will put up barriers and sign to help protect us yea she still fell in the hole but she might not have if the precautions were in place if they were then shame on them for suing

[vickymiller]

@fcz1: I just read another article on this, apparently the workers were in the process of getting cones to put around the hole when the girl fell through it, but that is still no excuse for her, and it's a poor excuse for suing the DEP.

[monkeyfun14]

@fcz1

Was the girl severely hurt?

No

Then she deserves nothing i'll be damned if shes going to get 100 grand for "emotional distress"

[xanadul]

I do agree that the most she should get is a new pair of shoes and maybe the jeans or what she was wearing at the time no million dollars and crap like that.

[cpopken]

It there was a barrier or cones around the hole she still would have probably fallen in, or tripped on the barrier and fallen in head first.

[xanadul]

But you can't say she would have still hit it you know sometimes eyes will pick up bright orange or colored things easier then the normal colors or she might have been walking slow so to say she would have probably fell in is not a for sure thing.

[ZetaZeta_]

I've seen texters walk into closed doors when they headed towards a dorm or almost miss their buses, despite hearing the vehicle hitting the brakes (and that puffing noise it makes when it comes to the stop).
When you're typing away on a 2-square inch keyboard or, heaven forbid, a 12-key keypad, the typist will likely be oblivious
to his or her surroundings.

How about this: Where are manholes located? On sidewalks? Not usually. On roads.
On crosswalks? Not that I've seen.

Someone please correct me if I'm wrong, but wouldn't she be jaywalking? In likely an already marked construction area (you know, with one of the portable Men at Work signs). If there's an open manhole on a road, they probably had a vehicle parked in front/behind it to keep other vehicles from driving over it while they worked...

I just cannot fathom this being "Just an open manhole."

[xanadul]

Well that stuff is supposed to have rope around it now if she walked through the ropes or cones then its her fault other wise that is the point of having cones and orange tape to influence are eye of something out of the ordinary. but I think it should not be millions of dollars just buy her some new cloths and some band aids and be done with it.

[Moozle]

When you create a public hazard you must put up barriers; in this case a portable railing around the manhole would serve. You do that FIRST, not after your coffee break.

This is in fact established case law. If I remember the ruling correctly:

"Drunks have the same right of protection and safety as anyone else, and they need it more."

It need not have have been a drunk, or an oblivious teenager - it could easily have been someone with poorer vision, or anyone distracted by something else in their field of vision, or a little child.

Yes, it is foolish to put all your attention into texting - which is why it is (or should be) illegal to do while driving. But while walking? Come on people - stop blaming the victim.

[boyracer2k]

And that would be you for being an idiot for thinking she's the victim?

[4score20]

Texting while walking is an impairment and a potential hazard to both you and the other pedestrians. You shouldn't do it walking or driving and if you do you're responsible if you hurt yourself or others. But in this case we have a situation where stupid (the teen) meets neglectful (the city workers) and the city is liable for leaving the manhole cover off and unguarded. This is a win-able case for the plaintiff.

[ewelch]

Her parents ought to be glad most of us aren't on the jury. Sure I'd let them win, for the open, unmarked manhole. And what should the DEP pay? $1 and the cost of a bottle of antiseptic.

[Seaspray0]

and the cost of a new pair of shoes. don't forget the shoes!

[yiang]

Wow, I need to change careers if this type of material is considered newsworthy.

[vickymiller]

I think it is newsworthy, if not solely for the purpose of showing the decline of the western civilization.

[ZetaZeta_]

Look at all these comments. Clearly if there is a demand, then the supplied news is, well, newsworthy! (Maybe someone should write an article about it).

[alexacker]

Must all news pieces be about heavy newsworthy events like war and politics? Even though in a major newspaper this would be probably labeled 'offbeat' or 'humorous', it speaks to how technology is making us irresponsible. In this case, a girl fell down a manhole (kinda funny since she's OK) but people are texting while driving and killing people too (funny). So, get down from your soapbox and start looking for a new career....

[alexacker]

Big oops. Rather...

...but people are texting while driving and killing people too (NOT funny)

[jimmyhoops]

That is hilarious! Suing is just stupid when the parents should clearly focus their attention on teaching the teen to pay attention. Next time, they'll be visiting the morgue after the teen gets into an accident for texting while driving. Sometimes multi-tasking can be hazardous, this is a prime example.

[bbjw82]

Both parties in my opinion are liable. Being in the construction industry it is Osha standard to barracade off a hazard area like the manhole. However, If it was a blind man walking that fell in the man hole it would cause a local if not national outrage at such neglect. In this case as already stated if the teen had had her eyes off of the phone and on the sidewalk she would not have fallen in. Is it really getting to the point of rewarding stupid people in this country? Not too long ago stupid people were unable to survive they would have either been taken by the elements or met they're unfortunate demise in the belly of an animal. The parents really need to view this more along the lines of that should teach you to keep your eyes in front of you and not on the cell phone. From what the report says she had a couple of scrapes and a small scare. To the teenager: Designer shoes 200 dollars, Apple Iphone 300 hundred dollars. Watching the teenager walk blindly into a manhole: Priceless.

[hemen thacker]

Put the suggestion on MasterCard, may be you might earn some money.

[jonarosen]

Ok, just to repeat here what's been said elsewhere.

@bbjw82
"However, If it was a blind man walking that fell in the man hole it would cause a local if not national outrage at such neglect."

A blind person WOULD NOT HAVE FALLEN into the damned hole.
1) they generally have a tap-cane (or whatever it's called) and are hyper-aware of what they do or don't feel, and usually go a bit slower than your average oblivious idiot.
2) If not a cane they have a seeing-eye dog, which sure as hell would NOT guide them into the freaking hole.

[twitter_1963]

SO, she is suing each and every taxpayer. Good on her - NOT! That's the point here. People think they are suing the Government when in fact, every single penny for her and all the lawyers comes from you and me.

Sure, the manhole should have been covered and perhaps, maybe someone should be fired when all the facts are revealed but this girl should get zero!

[jture]

While the parents probably have a good argument, the basic point still holds: the kid should have been paying attention to her surroundings, not her cellphone. The same is true for people who are walking around with iPods or Bluetooth headsets, without a clue to anything going on around them. Anything that you are voluntarily using that keeps you from being aware of your surroundings when you're in a potentially hazardous situation is your own fault, not the city's.

[Crankypaul]

No problem here. She'll be driving soon and maybe even operating a subway or a train. Nice thought that people like this grow up to be people like this.

No matter, I'm sure the text message was of utmost importance................

[Magicland]

The DEP is legally liable, as they're required to erect barriers BEFORE opening the manhole, and hopefully those responsible will be fired (but I'm not holding my breath).

However, the question of WHAT they're liable for is another matter. There was no loss of life or limb. No permanent injuries. Heck, not even an open wound. The girl stands a good chance of winning if she sues, but of not getting a penny more than any non-reimbursed medical expenses, and perhaps the cost of the pair of sneakers. Perhaps not even that, as the girl definitely was negligent as well, which could be considered contributory. Pain and suffering isn't awarded in a case like this.

We should be triply outraged in this case. 1) against the DEP for operating in such a manner that creates a public hazard. It could easily have been a young child or pet that wandered into the open manhole. 2) against the idiot girl for not paying attention where she's going. She's 15, and that's old enough to be responsible for yourself. Otherwise, her parents should be watching her cross the street. 3) against the idiot mother, whose first reaction wasn't "Gee, I hope my daughter's alright", but "We're gonna sue". If she had raised her daughter properly, she wouldn't be wandering along an extremely busy street not paying attention to where she's going.

wow.... talk about a frivolous lawsuit

[protagonistic]

What a sad world we live in when it is everybody else's responsibility to protect these idiots from themselves. You do something stupid you pay the price. I am sure as soon as they heard about it the parents got great big dollar signs in their eyes. I agree that DEP shares some responsibility here, but even if you put it at 50/50 no one should be allowed to profit from this.

[sweaty_taco]

Ha Ha! Serves her right.