http://www.silive.com/westshore/index.ssf/2009/07/staten_island_girl_falls_into.html

Quote :

"A Travis teen trying to walk and text-message at the same time fell into an open sewer manhole -- and red-faced city officials are now investigating why the manhole was left uncovered and untended. Alexa Longueira, 15, was walking on Victory Boulevard with a friend at about 5 p.m. yesterday, preparing to send a text, when she felt the ground give way. "She literally just handed me the phone and I opened it [and] I felt this big drop," the Susan E. Wagner High School sophomore said. "It was four or five feet, it was very painful. I kind of crawled out and the DEP guys came running and helped me. ... They were just, like, 'I'm sorry! I'm sorry!'" Alexa suffered scrapes on her arms and back as she slid into the sewer, which had some muck at the bottom. Her mother, Kim Longueira, said workers told her they left the open manhole unattended for only a second as they went to fetch some cones from the truck, and the agency said it has launched a full investigation into what happened. "We regret that this happened and wish the young woman a speedy recovery," Department of Environmental Protection spokeswoman Mercedes Padilla said in a statement. She added that crews were flushing a high-pressure sewer line at the time. Department supervisors waited with Mrs. Longueira at Staten Island University Hospital, Ocean Breeze, last night as Alexa was checked out. The mother said doctors were concerned about possible spine damage suffered in the fall and want a follow-up MRI. Sewer line workers are supposed to cut off pedestrian access to work sites or at least mark them with warning signs. The sidewalk where the accident occurred is the only sidewalk on that stretch of Victory Boulevard, the other being a wooded area. The family said it intends to file a lawsuit. Whether Alexa was sending a text or not shouldn't make any difference, Mrs. Longueira said, because workers never should have left the manhole unattended. And while she's thankful the sewer wasn't full at the time, that didn't make it any less gross. "Oh my God, it was putrid," she said. "One of her sneakers is still down there." -- Contributed by Phil Helsel"

Next week, New Yorkers become mired in own shit due to lack of sewer maintenance.

7/13/2009 7:46:31 AM

Imagine that, you don't look where you walking and shit like this happens

7/13/2009 7:48:47 AM

oblivious to the world around her

7/13/2009 7:49:20 AM

Quote :

"Imagine that, you don't look where you walking and shit like this happens "

Quote :

"oblivious to the world around her"

Don't get me wrong -- I agree that people should look where they're going... people need to be responsible for their actions. But, as much as I agree with that sentiment, she fell into an unattended manhole that should've been closed. If she had walked into a tree or a lake, then yeah -- you'd be completely right, because it's reasonable for those things to be there. However, it's also reasonable to assume that there aren't open holes in the ground because some worker forgot to close them. She was dumb for not being aware of her surroundings, and it's her fault that she wasn't paying attention, but she basically got lucky by encountering someone else's irresponsible situation, so she can blame it on them. Their mistake happened before hers, and therefore takes precedence.


[Edited on July 13, 2009 at 8:13 AM. Reason : ]

7/13/2009 8:12:46 AM

i can hear the photographer now..."ok, now, hold up her shirt...ok...now look at that manhole in abject horror. great, got it."

7/13/2009 8:18:56 AM

Quote :

"she felt the ground give way"

The ground did not give way. You walked into a hole.

Quote :

"The family said it intends to file a lawsuit."

Of course. She wins the stupid people lotto.

7/13/2009 8:21:47 AM

Quote :

"Of course. She The worker that left the manhole off loses wins the stupid people lotto."

Fixed it for you. She got lucky.

[Edited on July 13, 2009 at 8:23 AM. Reason : ]

7/13/2009 8:23:03 AM

Willy Nilly, if the workers were retrieving cones to mark the open manhole cover, there was a large truck with a loud diesel engine idling nearby. I would assume it's a truck with a large tank and a pump in order to flush the sewerline. I don't believe cones would have helped her anymore than the visual indicator that the manhole cover was not in its place and there was a gaping hole in the sidewalk. Her negligence towards her surroundings (I would say audible and visual) was so high that cones wouldn't have helped and perhaps only a metal fence would have. I think the barrier fences are supposed to be used instead of cones, just as a precaution against people like this.

[Edited on July 13, 2009 at 8:26 AM. Reason : READ THE DAMN POST WILLY NILLY. Workers were retrieving cones.]

7/13/2009 8:25:06 AM

^^Well, yeah. I can see that. I still say her "payout" should be a simple life lesson of looking where you are going.

[Edited on July 13, 2009 at 8:26 AM. Reason : -]

7/13/2009 8:25:22 AM

lol, she lost a sneaker.

7/13/2009 8:26:11 AM

Quote :

"Her negligence towards her surroundings (I would say audible and visual) was so high that cones wouldn't have helped"

This. If there had been cones with that plastic stick connecting them instead she would have tripped over the cones and fallen head first into the hole.

7/13/2009 8:28:01 AM

I lol'd. And she's lucky it wasn't a car.

7/13/2009 8:32:14 AM

nah, regardless of what she was doing, its definately the workers' fault.

7/13/2009 8:33:43 AM

she looks like she's probably hot.

7/13/2009 8:35:10 AM

7/13/2009 8:39:30 AM

Quote :

"Well, yeah. I can see that. I still say her "payout" should be a simple life lesson of looking where you are going."

this would be a great time for Obama to step in with some of that accountability he's been talking about

7/13/2009 8:44:40 AM

I call BS on this news story.

If its even true, she intentionally fell in this shit to get money.

7/13/2009 8:45:04 AM

^
Perhaps.... but if we can't know, which side do we err on? Do we just assume that everyone's guilty until proven innocent?

Quote :

"nah, regardless of what she was doing, its definately the workers' fault."

I can't tell if that was meant to be sarcastic.... But yes. The issue of precedence is at play here.
For example:
Let's say you prepare yourself dinner, but accidentally get some broken glass in your salad. Then, you exercise irresponsibility by not paying attention -- by not looking at the food you're about to eat -- and get injured from eating the glass. 100% your fault.
Now, let's say someone else accidentally got the broken glass in your salad. Then, you exercise irresponsibility by not paying attention -- by not looking at the food you're about to eat -- and get injured from eating the glass. 100% their fault.
Get it?
It is reasonable to assume that food prepared for you is free of broken glass. Sure, you should be responsible for knowing what you eat, but come on.... no one should have to be 100% vigilant 100% of the time.
Likewise, it is reasonable to assume that there aren't unattended open manholes on the sidewalk. Sure, you should be responsible for knowing where you're walking, but come on....

[Edited on July 13, 2009 at 8:52 AM. Reason : ]

7/13/2009 8:50:56 AM

http://www.myfoxny.com/dpp/news/local_news/nyc/090710_Texting_Teen_Falls_Down_Open_Manhole

[Edited on July 13, 2009 at 8:52 AM. Reason : That accent is not sexy.]

7/13/2009 8:51:39 AM

Big hole in the ground is more visible than piece of glass.

If we were in happy perfect land, I'd say whatever company was doing maintenance that day would pay her doctor's bill, the guy's working would get to sit through a bs safety training video and the girl's mom would slap her upside the head for being an idiot.

7/13/2009 8:55:29 AM

Quote :

"100% your fault"

define fault. Yes you're to blame, but legally you're not responsible.

[Edited on July 13, 2009 at 8:57 AM. Reason : ]

7/13/2009 8:57:44 AM

^
Wait, what? The "100% your fault" example was you getting glass in your own salad and eating it. How are you not legally responsible for that? You, and only you, did it.

Quote :

"Big hole in the ground is more visible than piece of glass."

That doesn't matter. All that matters is that someone else is responsible for the unreasonable danger. We shouldn't have to be 100% vigilant 100% of the time.

Quote :

"If we were in happy perfect land, I'd say whatever company was doing maintenance that day would pay her doctor's bill, the guy's working would get to sit through a bs safety training video and the girl's mom would slap her upside the head for being an idiot"

That's about right.

7/13/2009 9:00:56 AM

^^^ Yes, that's what should happen.

7/13/2009 9:02:23 AM

Quote :

"If we were in happy perfect land, I'd say whatever company was doing maintenance that day would pay her doctor's bill, the guy's working would get to sit through a bs safety training video and the girl's mom would slap her upside the head for being an idiot."

Yup. In fairness, the reason everyone is up in arms is because it is a teenager who was texting. Had it been a little old lady with bad eyesight we'd be utterly up in arms.

7/13/2009 9:04:01 AM

Quote :

"Willy Nilly, if the workers were retrieving cones to mark the open manhole cover, there was a large truck with a loud diesel engine idling nearby."

The manhole is supposed to be barricaded and watched before you even take the cover off. OSHA is very clear on this, along with every other standard and guideline out there that covers utilities in confined spaces. The construction workers fucked up, and she'll win the lawsuit easily.

7/13/2009 9:10:27 AM

Quote :

"I don't believe cones would have helped her anymore than the visual indicator that the manhole cover was not in its place and there was a gaping hole in the sidewalk"

I do. They are bright orange. Seeing some bright orange cones in your peripheral view is likely. Seeing some dark hole much lower in your peripheral view is not.

Quote :

"The construction workers fucked up, and she'll win the lawsuit easily."

Exactly.

7/13/2009 9:16:20 AM

^^That's what I'm aware of, we've had barricaded trenches even in locked and fenced substations. I'm just wary that this may be taken advantage of to a greater extent than what would seem reasonable.

^^^True, if it were an old lady, she'd probably even be dead. Although, for some reason, I don't particularly believe they'd make the mistake of walking into the hole. A blind man, maybe, and that's only if he's not good with his cane. I think there's a gross lack of awareness anymore among the youth, which would even make them easy targets for predators on the street.

[Edited on July 13, 2009 at 9:20 AM. Reason : ^]

7/13/2009 9:19:45 AM

if the manhole cover had been removed by scrap metal theives it would be an entirely different situation, fact is that shes an idiot for not paying attention

7/13/2009 9:20:07 AM

^
The situation would only be different in that the thieves would be responsible, not the workers. Yes, she's an idiot for not paying attention, but other's irresponsibility that created the unreasonable danger takes precedence -- therefore they, and not her, are responsible for this.

[Edited on July 13, 2009 at 9:25 AM. Reason : ]

7/13/2009 9:25:20 AM

Quote :

"Yup. In fairness, the reason everyone is up in arms is because it is a teenager who was texting. Had it been a little old lady with bad eyesight we'd be utterly up in arms."

this is pretty much the whole issue here.

everyone frowns upon texting because its the "new teen craze". people always get annoyed by new technology because its "not what they did" and basically scorn anyone who participates in it.

7/13/2009 9:26:09 AM

I might feel bad if she were a blind person walking with a cane, but she just needs to look where she's going.

MY BABY GOT A SCRATCH!!! THIS IS AWFUL. THIS IS TERRIBLE. NOTHING CAN MAKE THE PAIN GO AWAY. BUT I GUESS WE'LL TRY TO MOVE ON IF WE CAN GET TEN MILLION DOLLARS.

7/13/2009 9:26:15 AM

The workers should have put the lid back on whilst she was down there. They would have stayed out of trouble and helped Darwin along.

Puerto Ricans are the worst element of New York.

7/13/2009 9:26:19 AM

this here is amurrica

you have the god-given right to be stupid

7/13/2009 9:27:47 AM

Quote :

"everyone frowns upon texting because its the "new teen craze". people always get annoyed by new technology because its "not what they did" and basically scorn anyone who participates in it."

I'd feel the same way if she had been reading a book while walking, or putting on her makeup while walking, or had been looking at the the cloud that looked like a giant penis while walking. Doesn't matter what the activity was that caused her to not be paying attention to her surroundings. She's still a dummy.

7/13/2009 9:29:26 AM

Quote :

"Puerto Ricans are the worst element of New York."

Excuse me, sir. Please go die.

7/13/2009 9:29:54 AM

Quote :

"looking at the the cloud that looked like a giant penis while walking"

japan is getting to you

7/13/2009 9:30:16 AM

Quote :

"MY BABY GOT A SCRATCH!!! THIS IS AWFUL. THIS IS TERRIBLE. NOTHING CAN MAKE THE PAIN GO AWAY. BUT I GUESS WE'LL TRY TO MOVE ON IF WE CAN GET TEN MILLION DOLLARS. "

are you so fucking stupid that you don't see the ramifications of getting scratched up in a SEWER manhole that was half full of muck? This girl could have some serious problems arise in the next few weeks that might plague her for the rest of her life.

[Edited on July 13, 2009 at 9:32 AM. Reason : blood bacteria is nasty]

7/13/2009 9:31:17 AM

or her abrasion may heal quickly and she'll go on and have no lasting effects in her life whatsoever

you know, since we're speculating and all

7/13/2009 9:33:38 AM

Nice.

7/13/2009 9:34:03 AM

Tetanus shot and she'll be fine.

7/13/2009 9:34:05 AM

Quote :

"are you so fucking stupid that you don't see the ramifications of getting scratched up in a SEWER manhole that was half full of muck? This girl could have some serious problems arise in the next few weeks that might plague her for the rest of her life. "

Are you so dumb as to think that there is a 100% chance that she will get an infection?

Quote :

"The family said it intends to file a lawsuit."

Note that wasn't qualified with "...if she has any complications from the scratches."

[Edited on July 13, 2009 at 9:35 AM. Reason : l]

7/13/2009 9:34:51 AM

Buyer beware

7/13/2009 9:36:30 AM

even if she has a 1% chance of getting an infection, your statement makes you a complete dumbass to assume nothing bad could come of this. I would be reasonably certain that the odds of her having serious health issues from this are higher than 1%.

7/13/2009 9:36:31 AM

http://blog.silive.com/westshore/2009/07/large_manhole.jpg

i'd hit it



lol teh bra straps

[Edited on July 13, 2009 at 9:37 AM. Reason : ds]

7/13/2009 9:37:34 AM

Naw

7/13/2009 9:38:18 AM

Quote :

"Note that wasn't qualified with "...if she has any complications from the scratches." "

health complications will affect the settlement. if she's fine, the lawsuit would just be an insurance policy to make sure the people who left the cover off the manhole get fired. if she gets sick, it could result in lifelong payouts.

7/13/2009 9:40:45 AM

I didn't assume nothing bad would come from this.

The family has already said they are going to file a lawsuit for the initial incident regardless of any future issues.

7/13/2009 9:42:41 AM

Contributory negligence is a common law defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff has, through his own negligence, contributed to the harm he suffered. For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently.

7/13/2009 9:45:42 AM

that's all fine and dandy for North Carolina, one of the few states that still has contributory negligence laws, but how do you think it applies to New York?

Even if it were applicable, how do you think it applies to minors around an improperly barricaded construction site? Still think contributory negligence is a reasonable defense in this situation? It doesn't even hold water very well in NC where it is a valid defense.

[Edited on July 13, 2009 at 9:51 AM. Reason : comparitive negligence may apply, but I doubt you could argue the 50% rule here]

7/13/2009 9:49:50 AM

no one reads 48

7/13/2009 9:50:09 AM