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Started By
Message
re: WVU reaches out to assaulted family, offers assistance
Posted on 9/27/11 at 1:25 pm to barry
Posted on 9/27/11 at 1:25 pm to barry
quote:
It was one campus
that's what I didn't know
quote:
The guy that got his head kicked in at the Dodger game is suing them for poor security.
he could def sue under this theory and recover if he can prove they were stretched too thin or something
0
Posted on 9/27/11 at 1:28 pm to MississippiLSUfan
I have very little faith in the Morgantown police. I watched them tell LSU fans on Friday night they dug their own grave for wearing LSU gear.
Posted on 9/27/11 at 1:29 pm to Coach21
what can ya expect from a bunch of hillbilly fricks who have probably nevr left the Appalachians.
Posted on 9/27/11 at 1:34 pm to Elleshoe
I've kept my mouth shut on this till now, but I lost my Aunt to boys hurling concrete through her car while going on a joy ride. I've got strong feelings about this. At the same time that incident years ago taught me forgiveness.
Posted on 9/27/11 at 1:36 pm to Elleshoe
quote:You're clueless.
not sure WVU would have much liability unless they were on campus and it could be proved that their police were negligent in some way
Posted on 9/27/11 at 1:37 pm to Elleshoe
What is just as classless as SOME WVU fans are these types of replies. Seriously grow up. Like there has never been any issue with any othe college football fans INCLUDING LSU to opposing fans?
A guy is in the hospital and I hope the people are caught and punished to the full extent of the law (and then some), but your comments are just as out of line as anything you complain about. I'm guessing you were never taught proper manners by your parents because a negative reaction to a negative situation isn't doing anyone any good now is it?
A guy is in the hospital and I hope the people are caught and punished to the full extent of the law (and then some), but your comments are just as out of line as anything you complain about. I'm guessing you were never taught proper manners by your parents because a negative reaction to a negative situation isn't doing anyone any good now is it?
Posted on 9/27/11 at 1:39 pm to Elleshoe
quote:
WVU is trying not to get sued even farther back into the stone age.
And they just got to the iron age. When they discover moveable type all bets are off.
Posted on 9/27/11 at 1:43 pm to The Mick
quote:
quote:
not sure WVU would have much liability unless they were on campus and it could be proved that their police were negligent in some way
You're clueless
It would appear you don't know the law. WVU wouldn't have liability unless somehow the guy could prove there wasn't an adequate police presence which is what I originally said. I'd love you hear your theory of WVU's liability in any other case. How would WVU be liable for the intentional tort of a 3rd party just because they happen to be on their premises? I'll patiently await your probably wrong retort.
Posted on 9/27/11 at 1:43 pm to Mr. Allman
I don't understand why this hasn't been bigger news like the dodgers/giants thing.
Posted on 9/27/11 at 1:49 pm to Elleshoe
quote:
It would appear you don't know the law. WVU wouldn't have liability unless somehow the guy could prove there wasn't an adequate police presence which is what I originally said. I'd love you hear your theory of WVU's liability in any other case. How would WVU be liable for the intentional tort of a 3rd party just because they happen to be on their premises? I'll patiently await your probably wrong retort.
"On their premises" first and foremost. Serving of alcohol at the stadium, lack of crowd control or patrol..... If you dont think WVU is going to have liability then maybe you should represent them, they'd probably pay you a nice fee.
Posted on 9/27/11 at 1:50 pm to Elleshoe
quote:
How would WVU be liable for the intentional tort of a 3rd party just because they happen to be on their premises?
If I invite two guys to my christmas party who don't know each other and one violently attacks the unsuspecting other on my property, I am liable, especially if it can be shown that I have a reutation and history of incidents at my parties. If someone who was uninvited trespasses on my property and violently attacks one of the unsuspecting guests I still may be liable.
Posted on 9/27/11 at 1:53 pm to The Mick
quote:
"On their premises" first and foremost
vicarious liability only attaches in certain circumstances (parent-child, employer-employee)
quote:
Serving of alcohol at the stadium,
not a problem as it will never even be proved that these guys were drinking let alone that they were served while already way too intoxicated (if WV even has dram shop laws)
quote:
lack of crowd control or patrol
Stated in my initial post that this will have to be the theory the guy sues under.
quote:
If you dont think WVU is going to have liability then maybe you should represent them, they'd probably pay you a nice fee.
I'm not quite an expert in vicarious liability but there isn't really a ground to sue on outside of the lack of policing. There just isn't much here showing that WVU was negligent in some way. His cause of action would (obviously) be against the perps, not so much WVU.
Posted on 9/27/11 at 1:53 pm to Elleshoe
quote:
Nice gesture by the University
Well...I guess.
But how about a public statement along the lines of " We're announcing new security plans/policies to better police these events and hopefully eliminate these issues in the future."? Or "We're in cooperation w/ local police to find the perps....We want to find who did this." or "Mountaineer's don't stand for this..."
It seems kinda' half-asses and a day late/dollar short to me. I'm not trying to jump on WV but it's been 3 freaking days since it happened.
Posted on 9/27/11 at 1:55 pm to TigerTailsSoup
quote:
If I invite two guys to my christmas party who don't know each other and one violently attacks the unsuspecting other on my property, I am liable, especially if it can be shown that I have a reutation and history of incidents at my parties
you MAY be liable, especially if it can be shown that there is a reputation. But this instance is completely different. This instance would be like saying the City of New Orleans is liable for the results of any fight that happens on Bourbon Street involving two random bar-go'ers
Posted on 9/27/11 at 1:57 pm to JawjaTigah
quote:
Please note the classlessness of comments by many of those posting on the current topic.
I wonder how many that are quick to spout off this venom would like to help this family?
Posted on 9/27/11 at 2:00 pm to Elleshoe
quote:If there is an event which historically draws large crowds and the city of NOLA failed to provide adequate patrol, I would think they have some liability.
This instance would be like saying the City of New Orleans is liable for the results of any fight that happens on Bourbon Street involving two random bar-go'ers
Posted on 9/27/11 at 2:02 pm to The Mick
quote:
If there is an event which historically draws large crowds and the city of NOLA failed to provide adequate patrol, I would think they have some liability.
right. that's what I initially said. The guy would have to prove that WVU was somehow negligent in not providing enough security/police which is a tough battle to win for the most part.
But WVU isn't liable for every intentional tort committed by someone just because it so happens to occur on the university's grounds. If it was a WVU employee within the course and scope of his employment then sure.
This post was edited on 9/27/11 at 2:03 pm
Posted on 9/27/11 at 2:03 pm to Dilrod
quote:
Like there has never been any issue with any othe college football fans INCLUDING LSU to opposing fans?
Again, because other people do it...its okay?
Posted on 9/27/11 at 2:04 pm to Dilrod
You fans were saying it didnt happen. Hell they still dint think it did. Some even to go as far to say it was proviked. Hey dilhole yall have some classless fans. Get over it, and yes it sucks you will be lumped in with those idiots.
Oh ny poor state and poor university has a bad enough rep. Well when shite like this happens ur gonna have to deal with it. Just like some of ur fans think we are low lives still surviving iff fema. When baton rouge didnt even get the worst of katrina or rita. Our basketball gym was a mortuary for the unfortunate victims. I pray ur university never has to go through something like that.
Oh ny poor state and poor university has a bad enough rep. Well when shite like this happens ur gonna have to deal with it. Just like some of ur fans think we are low lives still surviving iff fema. When baton rouge didnt even get the worst of katrina or rita. Our basketball gym was a mortuary for the unfortunate victims. I pray ur university never has to go through something like that.
This post was edited on 9/27/11 at 2:10 pm
Posted on 9/27/11 at 2:05 pm to Elleshoe
quote:
you MAY be liable, especially if it can be shown that there is a reputation. But this instance is completely different. This instance would be like saying the City of New Orleans is liable for the results of any fight that happens on Bourbon Street involving two random bar-go'ers
Disagree. WVU sold tickets to their event and are responsible for reasonable security measures at the event. We don't evenknow if this guy paid for parking at the Purple Lot (probably). If New Orleans was selling tickets (invitation) to enter Bourbon Street then they would be responsible for reasonable security. People are using Bourbon Street as a public accessway to enter private businesses. People who get attacked in parking lots and garages sue those property owners everyday, even though the parkers may be going to a shopping center down the street. In this case both the event that was attended and the parking area were under the direct control and influence of WVU. WVU would have zero chance in court. Their insurance company will settle. Can you imagine parading a guy with a bashed-in face, his pregnant wife and two scared-to-death guests in front of a judge or jury? How do you cross examine them?
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