Castanet

twobits wrote:And perhaps you are just one of the entitled looking for any excuse to sue because something just isn't perfect. I say suck it up butter cup and watch where you are walking. There is a vast difference between minor deficiencies and gross negligence. To cover every root that grows from the ground, settled concrete or even a stair riser that is out of current spec would cost we, the taxpayers, unrealistic funds when all that is required is for people to accept that the damn world is not perfect and watch out for ourselves rather than looking for a payday from insurance for your own stupidity.
People wonder why their insurance policy keeps going up at a rate five times that of inflation? It is because of people like you that always seem to need to blame someone else for their own preventable accidents.
Should we pay for this woman's injuries for stumbling on stairs that hundreds of thousands have navigated without issue despite an irregular stair riser. Are her injuries a result of gross negligence?? I think not.

The unfortunate reality is the City will pay the *bleep* cuz it's cheaper to throw her a few coins than to pay for defense of litigation. She should be shamed by all that know her.

Wow. Entitled? I think not. And perhaps you are just one of those people who don't believe there should be any accountability, expectation of a job that's paid for being well done or of rules that should be followed. Maybe you are just one of the many sh*tty workers in this world. I am not judging that this woman will win her lawsuit; however, she certainly has the right to file one. Twobits, why do you believe a person should be held to account for watching out for themselves, but a worker shouldn't be held to account for something he builds, a government shouldn't be held to account for what they spend taxpayer money on, or an inspector shouldn't be held to account for what he inspects? We, the taxpayers, PAY for the city to DO A JOB. That job is build and maintain public areas.

Another one steps up to the plate(trough). No pun intended.

https://www.castanet.net/news/Penticton/213156/City-sued-over-trip-and-fall

Anonymous123 wrote:Another one steps up to the plate(trough). No pun intended.

https://www.castanet.net/news/Penticton/213156/City-sued-over-trip-and-fall

Another upstanding (pun intended) citizen with the best interest of their community at heart. (sarcasm intended as well)

What kind of world would we live in if we sued the community every time we tripped or slipped?
I don't understand what is wrong with people?

In my opinion, this kind of thing is getting a little ridiculous... Uneven ground is a part of the environment we live in. I'm sure we all can still hear our parents voice from when we were little saying "watch where your walking" Why has this all of a sudden become the cities problem because you don't watch where you're going. What next? Sue the province because you were out hiking and tripped on a tree root?
The same people suing would be the same people screaming bloody murder if the city spent every day fixing every uneven bump in Penticton and had to raise the taxes to cover the ongoing cost.

Here's another one: https://www.castanet.net/news/Penticton ... bike-crash

I do admit that there are an awful lot of potholes, depressions, etc all over town that need attention. Lets face it though, the City's priority is the Beautification of the 300 block.

Maybe the City should just ban pedestrians and bikes cuz anytime there is a tree root or dip in the road that someone doesn't see that they should as normal functioning persons, a lawsuit will happen and taxes will go up.
I dunno but personally when I trip over a tree root in a park or a settled concrete step or hit a pothole in the road, I self chastise for not paying more attention to my surroundings, bandage my wounds, and tell as few people as possible about how stupid I was to not see the hazard when I should have.

Personally if I fall from a pothole, tree root, broken pavement, or banana peel; I use the jump up as fast as possible, look around and make sure no one saw me, and pretend it never happened approach... Last thing I want to do is announce to the entire Okanagan Valley that I'm a clutz.

Jhunter199 wrote:Personally if I fall from a pothole, tree root, broken pavement, or banana peel; I use the jump up as fast as possible, look around and make sure no one saw me, and pretend it never happened approach... Last thing I want to do is announce to the entire Okanagan Valley that I'm a clutz.

Unless of course the city agrees to pay you 50 - 100k for that little clutz move.

southy wrote:

Jhunter199 wrote:Personally if I fall from a pothole, tree root, broken pavement, or banana peel; I use the jump up as fast as possible, look around and make sure no one saw me, and pretend it never happened approach... Last thing I want to do is announce to the entire Okanagan Valley that I'm a clutz.

Unless of course the city agrees to pay you 50 - 100k for that little clutz move.

New retirement plan.

The next person that trips over something that the city owns, the City lawyers will be asking in court: "and were you looking down at your phone at the time that you tripped, sir?"

Apparently that type of injury is becoming more common as the cel addicts cannot tear themselves away from their screens, when they should be watching where they are going.

For all those "suck it up, so what, you should have been more careful" types, shame on you.

I'm sure you are the same people who have or would vilify Stella Liebeck, the elderly lady who sued McDonalds for a cup of hot coffee.

To dizzy, who took issue with the wording of the suit, alleging "loss of enjoyment of life" etc. You haven't seen many law suits. It's very common, for example, in a law suit pertaining to a vehicle collision, allegations of, "negligently operated, negligently maintained, negligent in maintaining a reasonable distance,,,, on and on. It's throwing lots at the wall hoping some will legally stick, that's just the way law suits go.

This is so simple. Get a tape measure and measure the steps, if they are contrary to the Penticton building codes, Penticton better a) fix the stairs and b) start negotiating a settlement.

Do you think if you built a structure in Penticton, that the city building inspector wouldn't make you build stairs properly ?

That's like comparing a Motor vehicle collision with a a spilled coffee or a trip and fall because the "victim" that wasn't looking where they were stepping.

My good gawd. These people blame anyone else they can for their own clumsy stupidity. How these people can survive is absolutely unfathomable.

my5cents wrote:This is so simple. Get a tape measure and measure the steps, if they are contrary to the Penticton building codes, Penticton better a) fix the stairs and b) start negotiating a settlement.

Do you think if you built a structure in Penticton, that the city building inspector wouldn't make you build stairs properly ?

What an absolutely moronic position. I am quite sure that stairs were built to code. They used a gdam tape measure I am sure and per contract specs. And trees do grow ya know. So what do you suggest? Nothing changes over time? Stairs don't settle? Tree roots don't grow? Do we need a dozen more paid for by taxpayer employees to go around looking for tree roots, potholes that develop in a matter of days, stairs that settle just so some people who can't look at where their next step will take them and the hazard it might present, are saved from their own responsibility of mitigating injury. People are demanding walking trails and natural experiences in the back country for a healthier lifestyle. If we were to adopt your version of absolute safety of all that can't watch were they walk or ride.....insurance claims will make the uses of public lands impossible without a signed and notarized acknowledgment about the potential risks involved..
Personally, I don't want to partake in your vision of nanny oversight. And honestly, I think you are directly involved in some capacity in the legal field or legal advocate position which makes your views rather tainted and biased with regard to personal injury.

Well, that's the law. If a town/city choose to build certain infrastructure it comes with the responsibility of maintaining same.

If a set of steps settles, they legally must be returned to code. If not, that's called negligence and can be subject to suit, if something happens.

Plain and simple.

If you choose to hike on a nature trail you assume responsibility for the fact that trails are not expected to be consistent or level.

my5cents wrote:Well, that's the law. If a town/city choose to build certain infrastructure it comes with the responsibility of maintaining same.

If a set of steps settles, they legally must be returned to code. If not, that's called negligence and can be subject to suit, if something happens.

Plain and simple.

If you choose to hike on a nature trail you assume responsibility for the fact that trails are not expected to be consistent or level.

And the law also recognizes common sense and the need for some personal responsibility. Unfortunately, it is people like yourself that perpetuate the notion that it is your right to sue if the step is 10 inches rather than the 9 when it was built. The other unfortunate aspect is that these lawsuits are always settled instead of over burdening an already over burdened court system because the cost of defending your notion of a perfect world where no one should have to pay attention to where they are walking or riding their bike, costs far more money than than throwing them a settlement offer to make them go away.
And yet lawyers have built a self serving industry on that reality. Most call it ambulance chasing. Your definition of negligence does not equate to mine when the personal responsibility to recognize a tree root, pothole, or irregular step that is recognized by thousands each and ever day navigating the same ground is discounted. The only consideration is a client that is willing to sue for something they should have seen themselves and easily avoided....and a lawyer willing to file the paperwork for a 30% contingency fee that they know the City will settle on just to avoid the cost of actually litigating in court.
Parasites now. It is no longer a noble profession of defender of the innocent or truly wronged. It's a profession of the best way to manipulate the laws to maximize revenues.

What's the difference between a dead lawyer and a dead skunk in the middle of the road? .......There are skid marks in front of the skunk.