Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 9:23 am
Archon
Joined: Sun Apr 13, 2008 9:21 pm Posts: 25896
In 1999, I slipped on some black ice on the sidewalk in front of a department store. It must have been that water was poured over the surface, and then instantly froze to make a perfect sheet of ice. I went into the store to inform them that they had a nearly invisible patch of ice on their sidewalk out front. They took my number and address.
Then a few months later I got a phone call from their lawyers about settling. It was such a ridiculous thing. I didn't sue them. I warned them that they had this patch of ice. But apparently their business process was setup to treat every incident as a lawsuit.
_________________ The sun, too, shines into cesspools and is not polluted.
Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 10:41 am
Hetairoi
Joined: Sun Apr 04, 2010 9:25 pm Posts: 6650
I'd say that paying her medical bills might not be unreasonable. Homeowner's insurance covers accidents that happen to guests who visit, and I'd expect no less from a business (whether they buy insurance or "self insure"). I think punitive damages in this case are ridiculous though, and hope Apple is smart enough to fight it.
Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 10:42 am
Hetairoi
Joined: Wed Jan 27, 2010 4:59 pm Posts: 7802 Location: Biergarten/CitybeerHall/Oliver's beverage center
Atanamis wrote:
I'd say that paying her medical bills might not be unreasonable. Homeowner's insurance covers accidents that happen to guests who visit, and I'd expect no less from a business (whether they buy insurance or "self insure"). I think punitive damages in this case are ridiculous though, and hope Apple is smart enough to fight it.
I'm sure there's an accuary table that has already crunched the numbers on this one.
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Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 1:31 pm
Satrap
Joined: Mon Oct 04, 2010 2:23 pm Posts: 3070
Good on you to settle dsl, pretty lame I have to congratulate someone for not suing when they are able but shouldn't.
My folks had this big sliding glass door at our house. A million bucks for every time somebody ran or walked into that invisible death trap? I should have sued Windex.
Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 1:37 pm
Archon
Joined: Sun Apr 13, 2008 9:21 pm Posts: 25896
I didn't even settle. I was not injured in any meaningful way. I wouldn't take advantage of the situation like that. If I actually had medical bills from it, then sure.
_________________ The sun, too, shines into cesspools and is not polluted.
Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 6:09 pm
Nomarch
Joined: Sat Dec 17, 2011 9:45 pm Posts: 1949
The amount sued for usually has little relationship to the value of the claim. Apple obviously has deep pockets, but is a jury likely to award an 83 year old that much for a broken nose? She probably has less than $500 in medical bills. Throw in a little for pain and suffering, humiliation and embarrassment, temporary disfigurement...what's it worth?
_________________ Beware how you take away hope from another human being. - Oliver Wendell Holmes, Jr. (1841 - 1935)
Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 6:21 pm
Hetairoi
Joined: Sun Aug 24, 2008 8:02 pm Posts: 5654 Location: Hell
de officiis wrote:
The amount sued for usually has little relationship to the value of the claim. Apple obviously has deep pockets, but is a jury likely to award an 83 year old that much for a broken nose? She probably has less than $500 in medical bills. Throw in a little for pain and suffering, humiliation and embarrassment, temporary disfigurement...what's it worth?
I'd give her a fucking bird. Because that's her level of intelligence apparently. You know birds do this quite a bit, yet we don't give them a million dollars every time.
Or maybe I'd just give her THE bird. It's a toss-up.
Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 6:57 pm
Hetairoi
Joined: Sun May 03, 2009 7:33 pm Posts: 5659 Location: Clarksville, TN
Not sure which way to feel on this one.
At 83 I am sure the glass would be difficult to see, but is that Apple's fault or the fault that she is too old.
But then that might lead to other questions like is the inability for someone in a wheelchair to enter a business the fault of the business or the fault of the disabled person?
I would lean toward paying the medical bills and screw the extra she (or the lawyer) is wanting.
_________________ Kevin
The grateful man is a humble man. He has no illusions of his grandeur. He knows that bad things happen to good people. He knows how easily a rally can turn into a slump. He knows how much worse off many others are than he is. He understands the sacrifices others make on his behalf. And he deeply, deeply appreciates them.
“If it makes you have contempt for others: for an enemy, for the poor, for the rich, for the helpless, for the different. It’s not God you’re worshipping, it’s your own pathetic projection of omnipotence. But God is: the enemy, the poor, the rich, the helpless, the different. God is the other. All evil begins with this belief: that another’s existence is less precious than mine.” ― Tony Hendra, The Messiah of Morris Avenue
Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 7:00 pm
Archon
Joined: Sun Apr 13, 2008 9:21 pm Posts: 25896
I wouldn't get too torn up about it. If I were in my 80s, I think I might find this insulting. There was a building right there. Did she think that building hovers in the air? Or that the Apple store is completely open to the elements?
And glass walls have been commonplace at least since the 1980s. Every major supermall in the United States featured them decades ago.
_________________ The sun, too, shines into cesspools and is not polluted.
Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 7:39 pm
Hetairoi
Joined: Sun May 03, 2009 7:33 pm Posts: 5659 Location: Clarksville, TN
very true
Like I said I am not sure which way to fell on this one.
Part of me says it is her problem and her problem alone
Anyone have a good picture of the doors in question (I have never seen an Apple store) I have no idea what they look like. Are they of the design that makes it difficult to know where the door is?
I have seen glass architecture in Nashville that makes the entrance look like a solid sheet of glass and knowing where to push can be difficult if it were not marked.
_________________ Kevin
The grateful man is a humble man. He has no illusions of his grandeur. He knows that bad things happen to good people. He knows how easily a rally can turn into a slump. He knows how much worse off many others are than he is. He understands the sacrifices others make on his behalf. And he deeply, deeply appreciates them.
“If it makes you have contempt for others: for an enemy, for the poor, for the rich, for the helpless, for the different. It’s not God you’re worshipping, it’s your own pathetic projection of omnipotence. But God is: the enemy, the poor, the rich, the helpless, the different. God is the other. All evil begins with this belief: that another’s existence is less precious than mine.” ― Tony Hendra, The Messiah of Morris Avenue
Post subject: Re: Walk into a glass door; get a million dollars?
Posted: Mon Mar 26, 2012 7:56 pm
Archon
Joined: Sun Apr 13, 2008 9:21 pm Posts: 25896
Their Long Island store is actually quite attractive:
Personally, I hate going to the Apple Store though. My hypervigilance issues go through the roof with all those people standing around in a chaotic crowd. Then I end up waiting for somebody to do some simple task that could have been done much more efficiently had they used a queue. It's not an enjoyable experience for me. Plus the hipster thing annoys me.
But I do like the way some of their stores are designed. This building looks quite interesting.
_________________ The sun, too, shines into cesspools and is not polluted.
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