As I was reading through this after class, I wonder, could you attribute some of the damages to the girl? Considering that she wasn't looking ahead as she was walking like we normally do? What about texting while driving? Would you sue the city of san diego if you damaged your car in a pothole if you drove into it while texting?
This is SO ridiculous! I really cannot believe this warranted a verdict for the plaintiffs. Did you look into the case at all? I couldn't find it online anywhere . But I definitely think you could place some liability on the girl, especially if the manhole was clearly marked to any passerby who was looking ahead instead of at their phone.
ReplyDeleteOn the pothole note, San Diego is AWFUL with these. What could you really do to avoid those? Say you're not even texting (because if no one witnessed it who would really admit it anyway), theres many times it's just plain dangerous to swerve and miss the pothole. So do they expect us to put ourselves and others in danger to protect our tires? Would they argue that point if we brought a busted tire and any resulting damages from an accident it caused against the City/State in court?? Very interesting. In my opinion, I don't think it's fair to leave any drivers liable for the immense amount of potholes around here, but courts seem to find ways to protect the states quite often so I really have no idea about any damage from a pothole with or without texting.
Brittany Hofer