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re: Anyone know this baw that dove in lagoon drunk and won 11.6 Million from condo owner's??
Posted on 5/21/19 at 12:55 pm to TheDeathValley
Posted on 5/21/19 at 12:55 pm to TheDeathValley
I've been completely wasted many times. Never once thought it was a good idea to dive headfirst into a body of water.
0
Posted on 5/21/19 at 12:57 pm to FalseProphet
quote:
Do you really need a fricking sign that says don’t jump head first into an unknown body of water?
FWIW - almost every wharf on Mobile Bay has a sign that says "First Time - Feet First"
Posted on 5/21/19 at 1:05 pm to UAinSOUTHAL
Was involved (as an expert witness) in a similar case here in Louisiana about 30 years ago. Teenager dove from a boat into the south flats of False River (at New Roads, LA) - water was about 2-3 feet deep.
Teen was paralyzed from the neck down. Family sued the state of Louisiana (the owner of the lake) for not have signs all around the area warning of shallow water. The judge awarded the kid about $10MM. The state appealed and the award was reduced to zero.
Very tragic situation. I was retained by the state, but still felt really bad for the family and the teen - still do.
Teen was paralyzed from the neck down. Family sued the state of Louisiana (the owner of the lake) for not have signs all around the area warning of shallow water. The judge awarded the kid about $10MM. The state appealed and the award was reduced to zero.
Very tragic situation. I was retained by the state, but still felt really bad for the family and the teen - still do.
Posted on 5/21/19 at 1:06 pm to dawg23
This is what happens when you cant accept something bad happening to you without having someone to blame
This is also what happens with fricking lawyers
This is also what happens with fricking lawyers
Posted on 5/21/19 at 1:34 pm to FalseProphet
quote:
Do you really need a fricking sign that says don’t jump head first into an unknown body of water?
Yes, but only for the drunk idiots
Posted on 5/21/19 at 1:43 pm to SoFla Tideroller
As far as I know, this is a public body of water. From Gulfshores.com....
Not sure why it's the home owners' responsibility to post signs for this. Do I need a sign to remind people not to play in traffic?
quote:
The Little Lagoon is a half-mile-wide body of brackish water in Gulf Shores
Not sure why it's the home owners' responsibility to post signs for this. Do I need a sign to remind people not to play in traffic?
Posted on 5/21/19 at 1:43 pm to MLCLyons
quote:
I'm sure he was deemed partially responsible so if they awarded him $11.6MM and he was deemed to be even 50% responsible he'll get $5.8MM...at least I believe that's how it works.
I thought Alabama was a contributory negligence state.
Posted on 5/21/19 at 1:49 pm to keks tadpole
quote:
FWIW - almost every wharf on Mobile Bay has a sign that says "First Time - Feet First"
The ubiquity of safety signs is part of the logic that allows a jury to come to a conclusion a reasonable person would think the lack of signage means it is safe.
If I am right and AL is a contributory negligence state the defense attorney must have had a hangover or still drunk. Assuming he got decent jury instructions.
Posted on 5/21/19 at 2:08 pm to Obtuse1
We need a revolution to enforce tort reform. Under thw argument in this case you would have to put detailed warnings or remove every balcony and seal every window in every condo and close evey pool as well as remove all sharp or glass objects in the condo because people might drink too much as these things create much more danger for drunk folks. You cannot have a sauna or hot tub. You have to shut off the running water because a really drunk person may drown in their tub. I wish ill to anyone who thinks this is justice.
This post was edited on 5/21/19 at 2:12 pm
Posted on 5/21/19 at 2:12 pm to FalseProphet
quote:
Do you really need a fricking sign that says don’t jump head first into an unknown body of water?
Those with common sense don't need warnings against it but I guess it's just like any other "risk" a landlord and their insurance company takes on. I mean, if you need signs telling you not to dive head first into a swimming pool of clear, see through water in the shallow end then I guess from from a risk management perspective you should also definitely post one at a shallow pond.
Posted on 5/21/19 at 2:18 pm to MLCLyons
quote:
MLCLyons
You're the problem.
Posted on 5/21/19 at 2:18 pm to TDsngumbo
Look up the address and it gets worse. This was not an artificial body of water but a large natural body of water on which the property is backed. Do you really need a sign that tells you a natural lagoon is shallow near the shore? Would a guy that drunk understand such a sign?
This post was edited on 5/21/19 at 2:19 pm
Posted on 5/21/19 at 2:23 pm to MLCLyons
quote:
I'm sure he was deemed partially responsible
The idiot was drunk. He should be deemed 100% responsible AND have to pay the legal fees for the condo owners.
Posted on 5/21/19 at 2:25 pm to Anaximander
quote:
Look up the address and it gets worse. This was not an artificial body of water but a large natural body of water on which the property is backed. Do you really need a sign that tells you a natural lagoon is shallow near the shore? Would a guy that drunk understand such a sign?
Not going to lie -- all of those condos right there have a pier of some sorts that goes far enough over the water where I wouldn't expect the water to be only 3' deep. Unless he dove from a spot not at the end?
Still though -- I'm not dumb enough to dive into any water at night when I'm drunk so there's that. I'm sorry he's paralyzed and hate that for him but does he deserve $11.6 million? Probably not.
Posted on 5/21/19 at 2:29 pm to keks tadpole
quote:
FWIW - almost every wharf on Mobile Bay has a sign that says "First Time - Feet First"
This way you are only paralyzed from the waste down.
Posted on 5/21/19 at 2:40 pm to dawg23
quote:
Was involved (as an expert witness) in a similar case here in Louisiana about 30 years ago. Teenager dove from a boat into the south flats of False River (at New Roads, LA) - water was about 2-3 feet deep.
Sloan Deumite?
Posted on 5/21/19 at 2:44 pm to Anaximander
quote:
Look up the address and it gets worse. This was not an artificial body of water but a large natural body of water on which the property is backed. Do you really need a sign that tells you a natural lagoon is shallow near the shore? Would a guy that drunk understand such a sign?
This looks like a paper judgment where there was no coverage, possibly a dec action or some exclusion in the policy. The news story is so fricking retarded though it's tough to tell exactly what happened.
They call it a verdict, then a judgment, the reporter is flashing partial pages of pleadings. Something is fricky about the story.
Posted on 5/22/19 at 9:36 am to FalseProphet
quote:
Do you really need a fricking sign that says don’t jump head first into an unknown body of water?
I agree that the guy should know better than to dive head first into an unknown body of water. I'm just saying that if it was known it was definitively too shallow to dive into, the condo should warn people. Without seeing the actual spot, it's hard to say whether or not it's obvious.
Posted on 5/22/19 at 9:49 am to dawg23
quote:
but still felt really bad for the family and the teen - still do.
I did, up until the point that they tried to bilk me and other taxpayers out of millions of dollars based on sheer greed. They took a tragedy, and tried to make money off of the state. Which you and I help fund.
Sympathy evaporated for me.
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