Jerry Jones Sued for Hot Seat

[shecolt]

Thankfully, I have never suffered a third degree burn; but wouldn't someone realize that the seat was hot before their skin was burnt that badly?

Jennelle Carrillo of Cleburne, Texas, has sued the football team and team owner Jerry Jones in Tarrant County District Court for third degree burns to her buttocks that came from sitting on a black marble bench outside the Cowboys Stadium in temperatures that exceeded 100 degrees.

http://abcnews.go.com/blogs/headlines/2012/08/woman-sues-dallas-cowboys-for-burned-buttocks/

[Andy]

Let me get this straight...

I woman is suing Jerry Jones because she sat on a bench that Jones just put outside.

That's as silly as saying "Let's sue the city because a drop from the water fountain hit me"

[Gavin]

Just a pathetic attempt to get money is all it is, laughable really

[Vance]

Gotta make money somehow. And forget working for it.

[GoColts8818]

Let me get this straight...

I woman is suing Jerry Jones because she sat on a bench that Jones just put outside.

That's as silly as saying "Let's sue the city because a drop from the water fountain hit me"

True but this is the same court system that sided with a woman who sued McDonald's because they gave her hot coffee and she spilled it on herself...

[Andy]

True but this is the same court system that sided with a woman who sued McDonald's because they gave her hot coffee and she spilled it on herself...

That's another stupid case.

People are getting stupider and more desperate. It's too bad.

[Nobody]

True but this is the same court system that sided with a woman who sued McDonald's because they gave her hot coffee and she spilled it on herself...

How was she supposed to know that it was hot? Or not to bathe in it?

[GoColts8818]

How was she supposed to know that it was hot? Or not to bathe in it?

Personally i am just amazed she got hot coffee from McDonalds in the first place!

[21isSuperman]

It is a stupid case, but let's not forget that a woman once successfully sued McDonald's because they didn't warn her that her coffee was hot. It's a crazy world, folks. People do ridiculous things to make money and sometimes, it works.

[coltsfanmilyman]

To me all this says is society is trying to find the next get rich scheme, like with the Coffee from McDonalds. People will find things to sue for if they feel that they can make money.

Instead of working hard we will try to sue. Who would think that during the middle of the summer a bench would be hot when its triple digits outside? I know any adult with common sense would know that black attracts heat, therefore when its 105 its best to not walk on the road without shoes and socks on, or sit on a black bench. Stupidity is why I don't like most people.

[The Peytonator]

One time I went to Dairy Queen. The Blizzard I got was cold and it gave me a brain freeze......now I'm a millionaire.

[RGIII]

Thankfully, I have never suffered a third degree burn; but wouldn't someone realize that the seat was hot before their skin was burnt that badly?

Depends on how hot the bench was. The time it takes to get a serious burn tends to decrease dramatically the further above 120 degrees it gets. Could have only been a matter of a couple of seconds of exposure but I somehow doubt it.

[IndyTrav]

In other news a hippie is also suing Jones because on the same hot day he walked around barefoot on the asphalt parking lot.

[Nadine]

I'm sorry for her pain and suffering and have no doubt that the treatment for this is humiliating.

But we do not need signs for everything. No doubt she is aware that you can fry and egg on many surfaces in this weather.

She should not have sat on that bench.

I mean really, do we also need signs on our flagpoles that in subzero temperatures, you should not put your tongue on it?

[shakedownstreet]

no one can say she doesn't have a hot butt

at least it's jerry jones is getting sued and not some cash strapped local government. if it happened in indy, that's who'd have to pay

[Slick_Rick]

I understand the lawsuit is dumb, however at the same time, it is even worse that in this country she will probably win. Our court systems are very flawed.

[Gavin]

I'm sorry for her pain and suffering and have no doubt that the treatment for this is humiliating.

But we do not need signs for everything. No doubt she is aware that you can fry and egg on many surfaces in this weather.

She should not have sat on that bench.

I mean really, do we also need signs on our flagpoles that in subzero temperatures, you should not put your tongue on it?

Nope, just ask Flick from A Christmas Story

[JoKeR]

Black marble benches don't seem like they'd be a good fit for the hot Dallas summer. But I still don't see how someone gets 3rd degree burns sitting on 1 while wearing pants. Not instantly anyway, maybe if someone sat there for 30 min. No way she sat on it for a second and it starting frying her like a skillet.

[southwest1]

"Jennelle Carrillo...was required to be admitted to a hospital and undergo skin grafts and other treatment for her burn injuries."

"It’s amazing that we are now responsible for the Texas sun,” the team’s attorney Levi McCathern told ABC News.

2 Questions: 1. How do you not realize that your caboose and your legs are literally smoking? 2. Who's this lady going to sue next, the EPA for failing to protect her from sun spots and skin cancer?

Go away lady and come back to me when you have a real problem okay? I suspect that this woman would call 911 if a warm french fry tapped her leg too... :lol:

[ruksak]

If I had even the slightest chance, just the most infinitesimal and improbable opportunity to sue Jerry Jones for a piece of his billionaire pie......I would do so gladly while losing zero dignity.

ohhh....yea, I would most certainly sue him with zeal for toasting my buns to a crisp on a bench that he owns.....who puts a black marble bench outside in Dallas Texas and expects the random public to sit on it? Who does that?

What ya wanna bet those benches are either gone or covered up with a reflective covering after this? Ya know......something appropriate for people to sit on while being exposed to the blazing hot Texas sun? One square meter of a surface exposed to the sun can capture 1000w (comparable to a space heater) and if the surface is black it captures the heat with near 100% efficiency. But I'm some guy that drives a forklift, not an engineer of a billion dollar public building, so why would they know that?

Let's not act all high and mighty and pretend something like this couldn't happen to us. You're talking on the cellphone and preoccupied, you try and plop your butt down on a BENCH (for sitting) and your receive a third degree burn within seconds. I'm suing the owner, dang skippy I'm suing the billionaire that owns the bench.

Hey, if you and your kid were at Cowboys stadium and your kid tripped on his/her shoelace and accidentally threw their Tony Romo action figure through a $2,000 pane of decorative glass, I GUARANTEE billionaire Jerry Jones would sue you for it. I absolutely assure you that man would grab the rent out of your hands and put your family on the street just to recover his $2,000.

[southwest1]

If I had even the slightest chance, just the most infinitesimal and improbable opportunity to sue Jerry Jones for a piece of his billionaire pie......I would do so gladly while losing zero dignity.

ohhh....yea, I would most certainly sue him with zeal for toasting my buns to a crisp on a bench that he owns.....who puts a black marble bench outside in Dallas Texas and expects the random public to sit on it? Who does that?

What ya wanna bet those benches are either gone or covered up with a reflective covering after this? Ya know......something appropriate for people to sit on while being exposed to the blazing hot Texas sun? One square meter of a surface exposed to the sun can capture 1000w (comparable to a space heater) and if the surface is black it captures the heat with near 100% efficiency. But I'm some guy that drives a forklift, not an engineer of a billion dollar public building, so why would they know that?

Let's not act all high and mighty and pretend something like this couldn't happen to us. You're talking on the cellphone and preoccupied, you try and plop your butt down on a BENCH (for sitting) and your receive a third degree burn within seconds. I'm suing the owner, dang skippy I'm suing the billionaire that owns the bench.

Hey, if you and your kid were at Cowboys stadium and your kid tripped on his/her shoelace and accidentally threw their Tony Romo action figure through a $2,000 pane of decorative glass, I GUARANTEE billionaire Jerry Jones would sue you for it. I absolutely assure you that man would grab the rent out of your hands and put your family on the street just to recover his $2,000.

ruksak,

I have no love for Jerry Jones either, but sitting on a blazing hot bench is not say the equivalent of defective car manufacturer accelerator or brakes that leads to an accident and human fatalities. At what point, does personal responsibility begin and common sense prevail? Your example of the kid tripping over the shoe lace doesn't fly either because all that parent would have to do is put their kid on the 6 and 10 P.M. news crying with gigantic crocodile tears and Jerry Jones would look like a greedy, heartless, multibillion dollar owner obsessed with endless profits and safety be darned. Jerry would drop the lawsuit in days over public outrage, especially if your son or daughter looks adorable and innocent on cue once the camera light flips on.

[ruksak]

ruksak,

I have no love for Jerry Jones either, but sitting on a blazing hot bench is not say the equivalent of defective car manufacturer accelerator or brakes that leads to an accident and human fatalities. At what point, does personal responsibility begin and common sense prevail? Your example of the kid tripping over the shoe lace doesn't fly either because all that parent would have to do is put their kid on the 6 and 10 P.M. news crying with gigantic crocodile tears and Jerry Jones would look like a greedy, heartless, multibillion dollar owner obsessed with endless profits and safety be darned. Jerry would drop the lawsuit in days over public outrage, especially if your son or daughter looks adorable and innocent on cue once the camera light flips on.

Point being, he would sue and you know it.

Objectively speaking, I do not see this as a frivolous lawsuit, and I am quick to disparage people whom attempt to sue out of a lack of personal responsibility. Sitting on a bench doesn't seem irresponsible to me. That's what benches are for.....sitting.

You don't put cups of hot coffee between your legs, that's not responsible.

OK..... people should know that things get hot in the blazing summer sun....true.

We're so quick to call other people stupid, as if it is somehow self-empowering. I sure would be upset and wishing to direct "responsibility" elsewhere were my young child to take a seat on this apparently scalding hot bench.

Negligence is paramount in losing any lawsuit. Is it not negligent to post black marble seats in the exposed Texas summer sun, available to the public, to kids?

You think that's "responsible"? This isn't a door, a decoration, a fountain, a sidewalk.....it was a seat, placed there for people to sit on.

sitting on a blazing hot bench is not say the equivalent of defective car manufacturer accelerator or brakes that leads to an accident and human fatalities.

Yes, it is. It is exactly the same thing, actually.

The negligent action (or inaction) of a responsible party led to a personal injury. It is not reasonable to place a black seat in a public setting knowing they're going to be exposed to direct sunlight AND that this seat would be used on peak summer days.

That is not responsible. That is negligent and wholly becoming of civil litigation.

So ......who is more irresponsible here? The person taking a seat without checking it for extreme heat or the people that placed the seat there knowing it would reach scalding temperatures in the sun?

Black marble? Not only does the color black capture heat with near 100% efficiency, BUT.....(OK this is gonna be big in this case) Marble is one of the absolute worst choices you could possibly make as a choice for a public outdoor seat in the desert.

So...in choosing their outdoor public seating for people to utilize in the desert, in August, they went with one of the densest and most heat retaining materials on the market AND they choose black as a color. That's pretty smart.

Wood won't do that. Plastic won't do that. Black marble will, thusly, it was negligent to construct and place black marble seats for the public in the direct Texas summer sun without so much as a warning. In this they effectively provided the public with a dangerous object to contend with. There's a sticker on my lawnmower reminding me not to place my hand underneath it for cripes sake.......I think something far more innocuous as a seat, one that has a 100% chance of becoming scalding hot, should have some warning or better yet, not be there at all.

Oh....and please don't take any "tone" from my remarks. I'm just having a bit of a friendly discussion, that's all.

[Gavin]

Point being, he would sue and you know it.

Objectively speaking, I do not see this as a frivolous lawsuit, and I am quick to disparage people whom attempt to sue out of a lack of personal responsibility. Sitting on a bench doesn't seem irresponsible to me. That's what benches are for.....sitting.

You don't put cups of hot coffee between your legs, that's not responsible.

OK..... people should know that things get hot in the blazing summer sun....true.

We're so quick to call other people stupid, as if it is somehow self-empowering. I sure would be upset and wishing to direct "responsibility" elsewhere were my young child to take a seat on this apparently scalding hot bench.

Negligence is paramount in losing any lawsuit. Is it not negligent to post black marble seats in the exposed Texas summer sun, available to the public, to kids?

You think that's "responsible"? This isn't a door, a decoration, a fountain, a sidewalk.....it was a seat, placed there for people to sit on.

Yes, it is. It is exactly the same thing, actually.

The negligent action (or inaction) of a responsible party led to a personal injury. It is not reasonable to place a black seat in a public setting knowing they're going to be exposed to direct sunlight AND that this seat would be used on peak summer days.

That is not responsible. That is negligent and wholly becoming of civil litigation.

So ......who is more irresponsible here? The person taking a seat without checking it for extreme heat or the people that placed the seat there knowing it would reach scalding temperatures in the sun.

Black marble? Not only does the color black capture heat with near 100% efficiency, BUT.....(OK this is gonna be big in this case) Marble is one of the absolute worst choices you could possibly make as a choice for a public outdoor seat in the desert.

So...in choosing their outdoor public seating for people to utilize in the desert, in August, they went with one of the densest and most heat retaining materials on the market AND they choose black as a color. That's pretty smart.

Wood won't do that. Plastic won't do that. Black marble will, thusly, it was negligent to construct and place black marble seats for the public in the direct Texas summer sun without so much as a warning. In this they effectively provided the public with a dangerous object to contend with. There's a sticker on my lawnmower reminding me not to place my hand underneath it for cripes sake.......I think something far more innocuous as a seat, one that has a 100% chance of becoming scalding hot, should have some warning or better yet, not be there at all.

Black benches and seats are not the only things to sit on during an extremely hot summer day, benches and seats come in different colors and can get blazing hot to, vinyl car seats get blazing hot after being in the sun should I expect to get sued if I had a car as a friend of mine set there butt down on the seat and it was hot? ice cream begins to melt after exposed to the heat for an period of time are we supposed to sue those places and people to for giving us a place to sit as well or the ice cream melts? common sense 101: things get hot under the sun, sorry she lacked the common since to test the seat out and her ### got a little toasty over it. it should be a lesson to her, Its really a joke to me even defending her money grubbing actions

[ruksak]

Black benches and seats are not the only things to sit on during an extremely hot summer day, benches and seats come in different colors and can get blazing hot to, vinyl car seats get blazing hot after being in the sun should I expect to get sued if I had a car as a friend of mine set there butt down on the seat and it was hot? ice cream begins to melt after exposed to the heat for an period of time are we supposed to sue those places and people to for giving us a place to sit as well or the ice cream melts? common sense 101: things get hot under the sun, sorry she lacked the common since to test the seat out and her ### got a little toasty over it. it should be a lesson to her, Its really a joke to me even defending her money grubbing actions

Just to make myself clear on a few points;

1) She should be awarded medical bills, lost wages and a nominal amount for suffering. Not a windfall of millions.

2) Her injuries apparently weren't comparable with being "a little toasty". A 3rd degree burn is a burn so severe that it destroys the epidermal and dermal layers, going so deep as to fry the subcutaneous tissue.

Have you seen a third degree burn? Google it....I dare you. I would post an example here but that would be quite rude.

So.....we can drop the initially comical caricature of a person sitting on a hot object and then running around in a circle, finally dousing the burn in a bucket of water. She was very seriously injured here, guys.

Simple yes or no question;

Do you think it was smart to place a black marble bench in direct sunlight, in Texas, for the public to use on peak summer days? They could've chosen ANY other color and it wouldn't have been capable of getting so hot it burned her skin completely off. If they chose a number of other, cheaper materials, it would not be capable of getting so hot it would burn her skin completely off.

She required a skin graft!! That's not "toasty", my friend. That's extraordinarily hot. My butt has plopped itself on many hot seats in my time, quickly hopping up and rethinking my choice. But never have I encountered a seat capable of getting so hot it would burn my skin off and expose the now ruined subcutaneous tissue.

As to your car seat; So long as you weren't negligent you would enjoy protection form civil litigation. Say, for example, if instead of the typical leather or vinyl covering you went with FREAKING MARBLE!! Then....then you're getting sued and likely losing.

[IndyTrav]

Ruk

I'm sure the city of Arlingtons code enforcement and planning dept. approved every nook and cranny of that complex.

And while my first comment was a joke, what is to stop people from doing exactly that? (walking barefoot on asphalt) if you claim negligence on the bench, surely you'd claim negligence on the parking lot as well yes?

[southwest1]

Point being, he would sue and you know it.

Did I ever say litigation paperwork wouldn't be filed either by the plaintiff or the defendant Jerry Jones in this hypothetical shoe lace tripping scenario? No, I did not. I merely suggested a public relations David Vs. Goliath brilliant public relations counter move. I was referring to the successful neutralization of a classic corporate overlord "squeeze the juice" out of an ordinary tomato or citizen tactic.

Objectively speaking, I do not see this as a frivolous lawsuit, and I am quick to disparage people whom attempt to sue out of a lack of personal responsibility. Sitting on a bench doesn't seem irresponsible to me. That's what benches are for.....sitting.

Really? What a novel concept benches are designed for sitting...Hmmm...Your argument would carry more weight you if said that a sign should have been posted warning patrons to not sit on a marble bench. Most people touch something with their hand before they are uncertain of temperatures on average. Do you jump into a hot or cold shower before stepping inside? If a person sustained 3rd degree burns from a hot shower temperature, are they going to sue their water utility company and water heater company too Riksak?

You don't put cups of hot coffee between your legs, that's not responsible.

OK..... people should know that things get hot in the blazing summer sun....true.

We're so quick to call other people stupid, as if it is somehow self-empowering. I sure would be upset and wishing to direct "responsibility" elsewhere were my young child to take a seat on this apparently scalding hot bench.

Negligence is paramount in losing any lawsuit. Is it not negligent to post black marble seats in the exposed Texas summer sun, available to the public, to kids?

Have you ever been inside a federal building Ruksak surrounded by marble floors? If it's raining outside and a person runs in, slips and falls, and hits their head on the floor, can they sue the organization for pain and suffering because the janitor forgot to put down rugs in the entryway? What's this obsession with marble? Would this woman being entitled to a settlement if the bench was made of granite? The surface of the bench has absolutely nothing to do with it. A judge is going to throw this case right out of court.

You think that's "responsible"? This isn't a door, a decoration, a fountain, a sidewalk.....it was a seat, placed there for people to sit on.

Yes, it is. It is exactly the same thing, actually.

No, it isn't. Human fatalities and skin graphs are not on the same level Ruksak. In my previous example about defective car brakes or a faulty accelerator, if a person dies as a result of vehicular manslaughter, they are going to prison for 3-9 years. I seriously doubt that owner Jerry Jones will go to prison as a result of skin graph repair and 3rd degree burns. But, then again, unlike some individuals I know, I find nothing funny about murder and human decapitation either.

The negligent action (or inaction) of a responsible party led to a personal injury. It is not reasonable to place a black seat in a public setting knowing they're going to be exposed to direct sunlight AND that this seat would be used on peak summer days.

That is not responsible. That is negligent and wholly becoming of civil litigation.

So ......who is more irresponsible here? The person taking a seat without checking it for extreme heat or the people that placed the seat there knowing it would reach scalding temperatures in the sun?

Black marble? Not only does the color black capture heat with near 100% efficiency, BUT.....(OK this is gonna be big in this case) Marble is one of the absolute worst choices you could possibly make as a choice for a public outdoor seat in the desert.

Again, you are articulating the wrong argument Ruksak. Who cares what the bench was made out of? The issue here is signs that warn patrons not to sit there or wrap the surface in plastic in addition to clearly posted signs. It also makes a difference if these benches were bolted to the ground or not. If they were, you are creating more of a safety hazard by tearing up cement and blacktop in the facility.

So...in choosing their outdoor public seating for people to utilize in the desert, in August, they went with one of the densest and most heat retaining materials on the market AND they choose black as a color. That's pretty smart.

Again the surface material is irrelevant Ruksak. The issue is warnings and signage.

Wood won't do that. Plastic won't do that. Black marble will, thusly, it was negligent to construct and place black marble seats for the public in the direct Texas summer sun without so much as a warning. In this they effectively provided the public with a dangerous object to contend with. There's a sticker on my lawnmower reminding me not to place my hand underneath it for cripes sake.......I think something far more innocuous as a seat, one that has a 100% chance of becoming scalding hot, should have some warning or better yet, not be there at all.

Oh....and please don't take any "tone" from my remarks. I'm just having a bit of a friendly discussion, that's all.

Ruksak, although you and I don't always find the same material humorous from time to time, I do respect your intellect and debating skills. Clearly, we have a drastic difference of opinion on this circumstance which is perfectly fine. Have a nice day.

Black benches and seats are not the only things to sit on during an extremely hot summer day, benches and seats come in different colors and can get blazing hot to, vinyl car seats get blazing hot after being in the sun should I expect to get sued if I had a car as a friend of mine set there butt down on the seat and it was hot? ice cream begins to melt after exposed to the heat for an period of time are we supposed to sue those places and people to for giving us a place to sit as well or the ice cream melts? common sense 101: things get hot under the sun, sorry she lacked the common since to test the seat out and her ### got a little toasty over it. it should be a lesson to her, Its really a joke to me even defending her money grubbing actions

Just to make myself clear on a few points;

1) She should be awarded medical bills, lost wages and a nominal amount for suffering. Not a windfall of millions.

2) Her injuries apparently weren't comparable with being "a little toasty". A 3rd degree burn is a burn so severe that it destroys the epidermal and dermal layers, going so deep as to fry the subcutaneous tissue.

Have you seen a third degree burn? Google it....I dare you. I would post an example here but that would be quite rude.

Excuse me, I find that statement and it's implication VERY OFFENSIVE. I knew a guy in high school in high school who tragically received 3rd degree burns over his entire body. His life was never the same after that. He never married, he never had kids, he never raised a family. He was viewed as the modern day elephant man. Please refrain from joking about 3rd degree burns and skin graphs. It's sick disgusting and repulsive okay.

I realize that there is no way you could know every bloggers personal history on Colts Forum and I know that you are a good person Ruksak, but diction and word choice do matter. "Have you seen a third degree burn? Google it....I dare you." This isn't the best way to communicate your point in my humble opinion.

So.....we can drop the initially comical caricature of a person sitting on a hot object and then running around in a circle, finally dousing the burn in a bucket of water. She was very seriously injured here, guys.

Simple yes or no question;

Do you think it was smart to place a black marble bench in direct sunlight, in Texas, for the public to use on peak summer days? They could've chosen ANY other color and it wouldn't have been capable of getting so hot it burned her skin completely off. If they chose a number of other, cheaper materials, it would not be capable of getting so hot it would burn her skin completely off.

She required a skin graft!! That's not "toasty", my friend. That's extraordinarily hot. My butt has plopped itself on many hot seats in my time, quickly hopping up and rethinking my choice. But never have I encountered a seat capable of getting so hot it would burn my skin off and expose the now ruined subcutaneous tissue.

As to your car seat; So long as you weren't negligent you would enjoy protection form civil litigation. Say, for example, if instead of the typical leather or vinyl covering you went with FREAKING MARBLE!! Then....then you're getting sued and likely losing.

Marble, the surface material is again irrelevant. Warnings and visible signage is paramount plain and simple.

[JCPatriot]

And while my first comment was a joke, what is to stop people from doing exactly that? (walking barefoot on asphalt) if you claim negligence on the bench, surely you'd claim negligence on the parking lot as well yes?

I'm not defending the lawsuit, but the two scenarios are not equivalent. In the first case, she used the bench for exactly what it is intended to be used for......sitting on. Benches are there to be sat on. That's their purpose. On the other hand, asphalt parking lots are not made to be walked on barefoot. That is common knowledge. So to claim equivalency between the two scenarios is ridiculous.

[JCPatriot]

Please refrain from joking about 3rd degree burns and skin graphs. It's sick disgusting and repulsive okay.I realize that there is no way you could know every bloggers personal history on Colts Forum and I know that you are a good person Ruksak, but diction and word choice do matter. "Have you seen a third degree burn? Google it....I dare you." This isn't the best way to communicate your point in my humble opinion.

He's not joking about it at all. On the contrary, he is one of the few that is not making light of it. His entire point is that he is convinced that some of the people posting here do not realize just how severe a 3rd degree burn is. A 3rd degree burn is so severe that it would not be appropriate to post a picture of one here on this forum, so if you want to see one you need to go look it up yourself. That is his point. He's not joking about 3rd degree burns; he's trying to get people to understand how severe a 3rd degree burn is.

[southwest1]

He's not joking about it at all. On the contrary, he is one of the few that is not making light of it. His entire point is that he is convinced that some of the people posting here do not realize just how severe a 3rd degree burn is. A 3rd degree burn is so severe that it would not be appropriate to post a picture of one here on this forum, so if you want to see one you need to go look it up yourself. That is his point. He's not joking about 3rd degree burns; he's trying to get people to understand how severe a 3rd degree burn is.

Sorry no. The addition of "google it...I dare Ya" has a derogatory tone to it. It implies a lack of gravity and seriousness about the subject matter being discussed. The difference between denotation and conation overall.

He should have said something like this: "Perhaps people are unaware of how devastating and horrific a skin graph really is. I would encourage people to view pictures of this topic online as a means to educate themselves about the traumatic nature of a skin graph usually resulting from extreme heat or a chemical burn like sulfuric acid. Please be warned these pictures can be quite grotesque in nature and they are not intended for young children or comedic relief purposes. " Diction, language, vocabulary, and proper phrasing of an argument means everything.

[ruksak]

I'm sure the city of Arlingtons code enforcement and planning dept. approved every nook and cranny of that complex.

So they should sue the city? I'm not following that line of thought very well.

And while my first comment was a joke, what is to stop people from doing exactly that? (walking barefoot on asphalt) if you claim negligence on the bench, surely you'd claim negligence on the parking lot as well yes?

Walking barefoot in the Texas sun on asphalt is not reasonable and is a negligent act. Sitting on a bench with long pants on isn't unreasonable or negligent. If she sat on a cactus however, that would be negligent.

I'm not defending the lawsuit, but the two scenarios are not equivalent. In the first case, she used the bench for exactly what it is intended to be used for......sitting on. Benches are there to be sat on. That's their purpose. On the other hand, asphalt parking lots are not made to be walked on barefoot. That is common knowledge. So to claim equivalency between the two scenarios is ridiculous.

Thank you. Benches have one purpose and that is to be utilized for seating. People are going to come into contact with this object. Not just touching it, but rather, sitting their flesh directly on it.

What really bothers me is that safety and practicality weren't even considered in this choice of bench. All they were thinking about was how cool and fancy-schmancy their black marble benches looked in front of their obscenely overpriced stadium. Lesson learned....you don't put black marble seat outside in the direct sunlight, immediately in front of a major sporting venue in Texas. Perhaps making a substantial payout will prevent them from making such dubious choices in the future.

[JoKeR]

If I had even the slightest chance, just the most infinitesimal and improbable opportunity to sue Jerry Jones for a piece of his billionaire pie......I would do so gladly while losing zero dignity.

ohhh....yea, I would most certainly sue him with zeal for toasting my buns to a crisp on a bench that he owns.....who puts a black marble bench outside in Dallas Texas and expects the random public to sit on it? Who does that?

What ya wanna bet those benches are either gone or covered up with a reflective covering after this? Ya know......something appropriate for people to sit on while being exposed to the blazing hot Texas sun? One square meter of a surface exposed to the sun can capture 1000w (comparable to a space heater) and if the surface is black it captures the heat with near 100% efficiency. But I'm some guy that drives a forklift, not an engineer of a billion dollar public building, so why would they know that?

Let's not act all high and mighty and pretend something like this couldn't happen to us. You're talking on the cellphone and preoccupied, you try and plop your butt down on a BENCH (for sitting) and your receive a third degree burn within seconds. I'm suing the owner, dang skippy I'm suing the billionaire that owns the bench.

Hey, if you and your kid were at Cowboys stadium and your kid tripped on his/her shoelace and accidentally threw their Tony Romo action figure through a $2,000 pane of decorative glass, I GUARANTEE billionaire Jerry Jones would sue you for it. I absolutely assure you that man would grab the rent out of your hands and put your family on the street just to recover his $2,000.

She was wearing pants and if she sat there over 30 seconds, it's her fault for not moving. My point is I don't think it's possible to get 3rd degree burns instantly through clothing from sitting on a hot bench. Now if for some medical reason she couldn't feel that the bench was too hot, I'd understand.

If I was judge my rulling would be in favor of the plaintiff , I would order JJ to pay the plaintiffs medical bills plus 4x that amount for pain and suffering, pay her lawyers fees, and that JJ removes all black or marble benches from the grounds.

I don't believe the plaintiff deserves a huge pay day because of stupidly on her part but the Cowboys org should pay something for their stupidity.

[Vance]

Walking barefoot in the Texas sun on asphalt is not reasonable and is a negligent act. Sitting on a bench with long pants on isn't unreasonable or negligent. If she sat on a cactus however, that would be negligent.

Ruk the point is, you wouldn't immediately incur 3rd degree burns by sitting on a hot bench for a second or two. If I decided to sit there, I'd instantly figure out that the bench is way too hot to sit on, and I'd just stand. It's insanely negligent to just sit there and take the pain and then go "Oh hey lookie, 3rd degree burns."

[supremecoltsfan300]

Really if you're arguing that Jerry Jones is at fault and not the lady, please get your head examined. Human stupidity was at its finest here. If something is hot, don't keep touching it! I learned that when I was little. She must have missed that lesson from her parents. The woman chose to sit there, JJ didnt tell her too. The woman chose to remain sitting there long enough for her to get burnt, JJ didnt restrain her so she couldnt move from the bench. Only this lady was dumb enough to get burnt on a bench. No one else was. People have to take responsibility for their own stupidity. Just because you get hurt, doesnt mean that someone was responsible for it.

[ruksak]

Ruk the point is, you wouldn't immediately incur 3rd degree burns by sitting on a hot bench for a second or two. If I decided to sit there, I'd instantly figure out that the bench is way too hot to sit on, and I'd just stand. It's insanely negligent to just sit there and take the pain and then go "Oh hey lookie, 3rd degree burns."

You don't seriously think she was too dumb to realize she was being injured, do you? The fact that she incurred 3rd degree burns within seconds totally reinforces my point that black marble was a negligent choice for a bench in that environment. It was hotter than a space heater on full blast, over 1000w. How long do you think you could sit on a space heater element?

[Vance]

You don't seriously think she was too dumb to realize she was being injured, do you? The fact that she incurred 3rd degree burns within seconds totally reinforces my point that black marble was a negligent choice for a bench in that environment. It was hotter than a space heater on full blast, over 1000w. How long do you think you could sit on a space heater element?

What's your evidence for it being that hot? And nowhere in the article does it say how long she sat on it for.

[ruksak]

Marble, the surface material is again irrelevant. Warnings and visible signage is paramount plain and simple.

Signs wouldn't be necessary if they hadn't chosen black marble as their material for the bench. That thing was so hot it only took seconds to burn her skin completely off.

If a person sustained 3rd degree burns from a hot shower temperature, are they going to sue their water utility company and water heater company too Riksak?

No. You sue the person responsible for having improper settings on their water dial and/or heater. People successfully sue over this issue with regularity. A health club and a hotel were both targeted for litigation recently for this issue.

Have you ever been inside a federal building Ruksak surrounded by marble floors? If it's raining outside and a person runs in, slips and falls, and hits their head on the floor, can they sue the organization for pain and suffering because the janitor forgot to put down rugs in the entryway?

Yes. The owners are indeed liable for such a thing. I worked as a service manager for Kroger for many years. This was a regular occurrence and we covered these issues with regularity during our safety/liability meetings. We settled out of court for an undisclosed amount once because our automatic doors weren't working correctly and would begin to open normally, and then would stop and move slowly. A 12 year old broke her nose when she walked right into it.

Again, you are articulating the wrong argument Ruksak. Who cares what the bench was made out of?

It's not only relevant, but it's the only reason she was burned so badly. People in this thread keep thinkin of how hot the sidewalk gets or the roof of their car. This bench was made out of a material often used as a heating stone because of it's high heat retention capabilities. Add to that the material was black, and we had a recipe for severe injury.

Excuse me, I find that statement and it's implication VERY OFFENSIVE.

Sorry no. The addition of "google it...I dare Ya" has a derogatory tone to it. It implies a lack of gravity and seriousness about the subject matter being discussed. The difference between denotation and conation overall.

I was actually implying that many others seem to perceive this humorous connotation from the description of someone "toasting their buns", as has been said in this thread. Ironically, I was actually pointing out how severe this injury is. "I dare you" was meant as a warning for those whom may not appreciate horrific gore. I wasn't being funny, sir.

He should have said something like this: "Perhaps people are unaware of how devastating and horrific a skin graph really is. I would encourage people to view pictures of this topic online as a means to educate themselves about the traumatic nature of a skin graph usually resulting from extreme heat or a chemical burn like sulfuric acid. Please be warned these pictures can be quite grotesque in nature and they are not intended for young children or comedic relief purposes. " Diction, language, vocabulary, and proper phrasing of an argument means everything.

You're being a bit hyper sensitive. My implication seemed obvious. Oh....and though I have an extended vocabulary, I do not speak like a politically correct robot.

[ruksak]

What's your evidence for it being that hot?

To burn the skin to that degree, the surface would have to be EXTRAORDINARILY hot. More-so than what would be expected. Either that or she sat there for several minutes while her flesh cooked. Common sense tells me she likely did not sit there for more than a few seconds unless she was out of her mind drunk.

And nowhere in the article does it say how long she sat on it for.

Does it really need to? How long do you think any reasonable person could sit on something as hot as a space heater?

[shecolt]

The whole situation is somewhat confusing to me.

I only posted a link to one of several articles. In another, it said that the woman didn't realize that she was burnt until she went to the restroom. So, it may be that she has a medical condition that prevents her from feeling pain.

There was also this:

Wash said his client was uncertain how long she sat on the bench. When she discovered her burns, she sought treatment at a hospital and was released with what she was told were first-degree burns. Days later, Wash said, she became dizzy and returned to the hospital, where she learned that her burns were more serious.

http://www.washingto...bab19_blog.html

Again, I thankfully have no knowledge of third degree burns. But, it's curious that a hospital would tell her that the burns were minor then a few days later tell her that her burns were serious.

Is it typical that it takes hours/days for a third degree burn to be diagnosed?

[Yehoodi]

True but this is the same court system that sided with a woman who sued McDonald's because they gave her hot coffee and she spilled it on herself...

I want to respond to this threat regarding the overall rights on individuals being made whole due to being harm by others, and will get to that in a moment, but first want to respond the MacDonald's lawsuit by that little old lady that got serverly burn by a mere cup of coffee . . .

First off, thank God, we live in a country that allows us individuals to have an avenue to be made whole, (the courts) when another harms us . . . some my not like this avenue or thumb thier noses at it, but it is one of the greatest things we have in this country . . . the ability of the small not to have to pay for damages caused by another . . . a little guy who is damage by another should have an avenue to seek compensation, this is especially so when the big guy tells the little guy to go fry ice and I aint paying you a dime . . . well was is right is right and we have a system to correct this and allow another to have the other pay for damages caused by the former . . .

now lets look at the facts of the MacDonald . . . (you can skip to the summary below if you all wish for a shortly explanation)

MacDonalds, a fast food hamburger joint, decides it wants to make more money by getting into the breakfast industry, then into the drive though industry to make money faster . . . then they started to sell coffee to communters . . . and in effort to compete against their competitors, cranked up the thier coffee maker some 40 degrees F over the other coffee supliers (I think it was 40 or 50, I kind of forget as it has been about 20 years since the suit, but either way I remember numbers like 140 v 180 ro 140 v 190) . . . so MacDonalds was trying to get an edge on the competition by serving coffee at temps fo 180-190 in an effort to have their coffees be hotter once their customers get to work . . .

the problem was that, and common sense goes, their customers drank the coffee as they drove to work and MacDonalds should be aware of this situation. Indeed prior to the suit they recevied several hundred complaints that their customers were being burnt and many were settle out of court. So bottom line MacD was on notice that its coffee was causing is its customers to get burnt (beyond the common sense thinking that poeple will drink the coffee before getting to work) . .. but instead of taking notice of the complaints, MacD, through one of their spokesperson indicated that "we had more important things to deal with . . " or something along those lines , i forget now the exact language . . .

so bottom line instead of cranking down the coffee pots by 40 degrees to match is competitors, MacD decided to continue to leave the coffee overly hot even thought they were on full notice that the product was dangerous and caused injuries . . .

So for me, if someone finally decides to take MacDs all the way to court to put them in their place, i got no problem with it . . . The elderly lady recieved server burns and was in the hospital for many days . . . . and for all of you anti-court people, the end judgement was a portporional one, that is they found her partly responsible and reduced the judged accordingly . . .

A Quick Review on the MacD Case

1) MacD is a hamburger joint that wanted increase revenue by selling coffee

2) It further wanted to increase revenue by selling a liquid via a drive through

3) It further wanted to make money by beatting its competitors by cranking up the coffee by some 40-50 degrees

4) It recieved several hundred complaints that customers were burned because of item 3 above

5) It had "more importanting things to do" than to turn down the coffee maker temp

6) A elderly lady was serverly burned and sued MacDs and received a judgement which was adjusted in accordance to her liability in handling the coffee

you can say what you want about "frivilous" law suit, but when one puts out a product that one knows can be dangerous to its customers and does nothing about it, when one gets injuried down the road we should not complain if that individuals seeks reimbursement and damages for the injury

plain and simple as that

surely the national media will not go into this kind of detial but would rather just yell at the little old lady . . .

[Vance]

The whole situation is somewhat confusing to me.

I only posted a link to one of several articles. In another, it said that the woman didn't realize that she was burnt until she went to the restroom. So, it may be that she has a medical condition that prevents her from feeling pain.

There was also this:

Wash said his client was uncertain how long she sat on the bench. When she discovered her burns, she sought treatment at a hospital and was released with what she was told were first-degree burns. Days later, Wash said, she became dizzy and returned to the hospital, where she learned that her burns were more serious.

http://www.washingto...bab19_blog.html

Again, I thankfully have no knowledge of third degree burns. But, it's curious that a hospital would tell her that the burns were minor then a few days later tell her that her burns were serious.

Is it typical that it takes hours/days for a third degree burn to be diagnosed?

No. I've had a second degree burn from when my bare calf touched the engine of a motorcycle. It was instantaneous and it was top 5 one of the worst pains I've ever had. I still have a large circular scar on my calf from it. I find it just...unfathomable that she had third degree burns and just shrugged it off.