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Met Summer Banter


HoarfrostHubb
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38 minutes ago, TauntonBlizzard2013 said:

 

I get that… but if you are outside during a thunderstorm and a tree branch falls and hits you, am I liable because it was on my property? Should we just level all the worlds trees to avoid that?

You can sue anyone for anything, I just have a hard time believing this person will be able to prove negligence. (Granted I really don’t know what it is, but I’m guessing it’s silly)

They don’t want to win in court. They just want a settlement. A lot easier to get a quick 50-100k. 

There are a lot of arguments people can make in a legal setting that they are basically overgrown moronic children and that the business owner obviously should have known that and made sure to keep them safe at all times. I have seen it before unfortunately. 

They would never win in a jury trial, but that's not the intent. Something like 98% of these kinds of cases settle, usual amount is 50k or so (if there is a payout).

I have learned a lot about this through painful experience over the past few years.

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7 minutes ago, mreaves said:

Just saw that 3x3, halfcourt basketball is making its debut in the Olympics. How in hell did the USA Men’s 3x3 team not qualify?  You can grab three guys from almost any playground in the country and have damn competitive team. 

Just the variety you are able to watch now is insane if you have a streaming device.  Between the NBC Sports Network app and the Peacock app, you can watch almost every Olympic event, live or on replay.  In comparison, I remember when it was 'exciting' that they started putting the Olympics on a second or third NBC owned cable channel when I was a kid, so you could watch other events besides what was on the primary NBC local affiliate.

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1 hour ago, bristolri_wx said:

Just the variety you are able to watch now is insane if you have a streaming device.  Between the NBC Sports Network app and the Peacock app, you can watch almost every Olympic event, live or on replay.  In comparison, I remember when it was 'exciting' that they started putting the Olympics on a second or third NBC owned cable channel when I was a kid, so you could watch other events besides what was on the primary NBC local affiliate.

My go to for Olympic coverage has always been the CBC.  Not that I don’t root for Team USA but the CBC seems to cover more than just most popular sports. 

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8 hours ago, TauntonBlizzard2013 said:

 

I get that… but if you are outside during a thunderstorm and a tree branch falls and hits you, am I liable because it was on my property? Should we just level all the worlds trees to avoid that?

You can sue anyone for anything, I just have a hard time believing this person will be able to prove negligence. (Granted I really don’t know what it is, but I’m guessing it’s silly)

The 7/4-5/1999 derecho broke some trees at Natanis Point Campground (Chain of Ponds Twp) and a large branch fell on a tent, injuring a boy and his mom.  They tried suing the state (it's on BPL land) and did sue the camp owner.  Mom said the injury ruined her son's summer, but he was running around like normal 3 weeks later at our church's VBS.  The suit went nowhere - that system had downed trees from Boundary Waters (many thousands there) to BGR, Maine has lots of trees, the one causing the injuries had no outward defects, etc, etc.  Don't know how much out-of-pocket for the camp owner before the case was tossed.

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11 hours ago, mreaves said:

Unfortunately it’s not about him entertaining it. His insurance company will calculate whether it’s less expansive to settle or fight the lawsuit. 

Exactly! NH is actually pretty good on that front, especially compared to Mass. The only time you are liable is really if there is an issue of negligence. Otherwise... S%it happens. But that doesn't bar anyone from suing you for the stupidest thing so you want to be prepared! And in the end it's all in the hands of the insurance company. 

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1 minute ago, alex said:

Exactly! NH is actually pretty good on that front, especially compared to Mass. The only time you are liable is really if there is an issue of negligence. Otherwise... S%it happens. But that doesn't bar anyone from suing you for the stupidest thing so you want to be prepared! And in the end it's all in the hands of the insurance company. 

Were they from MA or NY?

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11 hours ago, PhineasC said:

They don’t want to win in court. They just want a settlement. A lot easier to get a quick 50-100k. 

There are a lot of arguments people can make in a legal setting that they are basically overgrown moronic children and that the business owner obviously should have known that and made sure to keep them safe at all times. I have seen it before unfortunately. 

They would never win in a jury trial, but that's not the intent. Something like 98% of these kinds of cases settle, usual amount is 50k or so (if there is a payout).

I have learned a lot about this through painful experience over the past few years.

Ski areas are the same.  They settle all the time without admitting fault but just to avoid lengthy litigation costs.  “We admit no fault, in fact we are certain you are batshit crazy or high as a kite, but what would it take to just get this to go away? We are not paying major legal fees because you hit your head on ice and missed two days of work with a migraine.  How much do you make per day at your job?”

It is insane the number of people who get a lawyer to write a letter about the dumbest mundane stuff.

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4 minutes ago, powderfreak said:

Ski areas are the same.  They settle all the time without admitting fault but just to avoid lengthy litigation costs.  “We admit no fault, in fact we are certain you are batshit crazy or high as a kite, but what would it take to just get this to go away? We are not paying major legal fees because you hit your head on ice and missed two days of work with a migraine.  How much do you make per day at your job?”

It is insane the number of people who get a lawyer to write a letter about the dumbest mundane stuff.

Definitely a lot of them out there. We have seen some really crazy claims over the years, and our work is all in office-type settings so there isn't the typical "danger" and environmental factors involved like what you have to deal with on top of it. There has been a definite uptick in these wacky claims for us since COVID. I wonder if other businesses are seeing the same? Lot of tweaked people out there who are desperate for some quick cash and have no shame, plus the lawyers are hungry too, I guess. I bet restaurants and places like salons are getting hammered with this shit from employees and customers.

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12 minutes ago, powderfreak said:

Ski areas are the same.  They settle all the time without admitting fault but just to avoid lengthy litigation costs.  “We admit no fault, in fact we are certain you are batshit crazy or high as a kite, but what would it take to just get this to go away? We are not paying major legal fees because you hit your head on ice and missed two days of work with a migraine.  How much do you make per day at your job?”

It is insane the number of people who get a lawyer to write a letter about the dumbest mundane stuff.

It's insane the number of lawyers willing to do it.

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6 minutes ago, DotRat_Wx said:

Stephen Harmon, a 34-year-old congregant of Hillsong Church and graduate of Hillsong College, who tweeted, "I got 99 problems but a vax ain't one,” died Wednesday after a month-long bout with the coronavirus trib.al/zMXrhk5

As a morbidly obese person, he probably should have gotten the vaccine. He was probably also at least pre-diabetic given his weight.

Edit: looks like he developed bacterial pneumonia in the hospital... but sure let's mark it down as a COVID death.

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24 minutes ago, alex said:

Exactly! NH is actually pretty good on that front, especially compared to Mass. The only time you are liable is really if there is an issue of negligence. Otherwise... S%it happens. But that doesn't bar anyone from suing you for the stupidest thing so you want to be prepared! And in the end it's all in the hands of the insurance company. 

Were there medical bills involved?

This country’s medical system and the insane costs of care are often the root of the litigation problem as the ski industry has found out.  Most people who are serious about suing got hurt skiing or snowboarding and cannot afford to pay their medical bills, so it’s their only recourse.  Or it would put them in a very bad spot financially.

Several people have written emotional letters that have gotten to ski and industry publications about how they always said they’d never sue another business, hate lawyers and the sue happy USA… but then when a leg injury required multiple surgeries and a year of PT, they were looking at financial ruin so they need to recoup money somehow.

I remember Powder Magazine running a letter from a high profile lawsuit after the fact where the dad basically said he sued only to keep a house over his family’s head and to protect his children’s college fund.  The hospitals were looking for like a million dollars and his insurance was playing some hardball that the ski area (out west) should pay it and basically forced him to sue.

When there’s money at stake, people will do anything.  Medical bills could also just be an easy scapegoat but it’s not a stretch to see how someone could quickly get in over their head with medical bills and look for a way out.

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4 minutes ago, PhineasC said:

As a morbidly obese person, he probably should have gotten the vaccine. He was probably also at least pre-diabetic given his weight.

Edit: looks like he developed bacterial pneumonia in the hospital... but sure let's mark it down as a COVID death.

You have some kind of weird mental issue with fat people. One thing you can't deny

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15 minutes ago, PhineasC said:

Definitely a lot of them out there. We have seen some really crazy claims over the years, and our work is all in office-type settings so there isn't the typical "danger" and environmental factors involved like what you have to deal with on top of it. There has been a definite uptick in these wacky claims for us since COVID. I wonder if other businesses are seeing the same? Lot of tweaked people out there who are desperate for some quick cash and have no shame, plus the lawyers are hungry too, I guess. I bet restaurants and places like salons are getting hammered with this shit from employees and customers.

I haven’t noticed or heard of any weird behavior or odd upticks in legal but I wouldn’t hear about it in this short term way.  More long term trends trickle down outside of the legal depts, not short term suits.

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36 minutes ago, PhineasC said:

As a morbidly obese person, he probably should have gotten the vaccine. He was probably also at least pre-diabetic given his weight.

Edit: looks like he developed bacterial pneumonia in the hospital... but sure let's mark it down as a COVID death.

Covid seems to attack natural defense mechanisms against bacterial pneumonia and make you more susceptable.  I saw a research  paper suggesting that up to a third of the hospital deaths may have been related to such.  Calling it a covid death is probably fair.  

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49 minutes ago, DotRat_Wx said:

You have some kind of weird mental issue with fat people. One thing you can't deny

Very fat people are unhealthy, for sure. COVID loves fat people. The vast majority of the time someone told me they knew a person in the hospital with a serious case of COVID, the person was significantly overweight and already had trouble breathing after climbing a small flight of steps or walking around the house. Those folks definitely needed to get vaccinated regardless of age. I would encourage anyone who is significantly overweight to get vaccinated if they haven't already. I definitely would get vaxxed if I was 300+ lbs and diabetic, like many Americans.

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14 minutes ago, radarman said:

Covid seems to attack natural defense mechanisms against bacterial pneumonia and make you more susceptable.  I saw a research  paper suggesting that up to a third of the hospital deaths may have been related to such.  Calling it a covid death is probably fair.  

I can see that, but if someone is on chemo with a compromised immune system and catches pneumonia and dies, is the cause of death marked as "chemotherapy"? Maybe, I actually don't know. What about someone who ate 3 cheeseburgers a day and made themselves more susceptible to heart attacks? When they finally have one is the cause of death "McDonalds"?

I think in a couple years there will be some studies that revisit the COVID death tallies and start parsing this out. They already did that in the UK for kids. Turned out very, very few kids died from COVID alone. Almost none. A slightly larger number died "with COVID" but from some other serious illness.

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