I sued the local congregation (page 3)

drewcoul

Does anyone really think the Witnesses saw that the cord might trip this young girl and didn't care? I'm sure there were many who came to her aid, although I'm not sure since I wasn't there. I would also guess the brother who was handling the microphone didn't intentionally put the cord in a place where she would trip. I would see nothing wrong with filing a claim on the property owners insurance, but to sue for damages over this, in my opinion is not right.

jamiebowers

Welcome to JWN, Chukky. You're learning early on that most people on this board don't mince words when it comes to their opinions, so here's mine.

First of all, the law doesn't require malice for liability in an accident. For instance, if I'm driving on icy roads and hit your car, I'm still liable for the damage. Chukky's detractors, how would you feel if in that case I said, "Well, it was icy. I didn't mean to hit your car. It's not like I woke up this morning wanting to hit your car. Why should I have to pay for the damages?"

It's the same thing with Chukky's daughter. Most certainly the man who was handling the microphones that day didn't intentionally trip the little girl. But the fact remains that the congregation had wires in the aisles where people are supposed to walk, which is a hazard. Why should Chuckky have to bear the expense of his daughter's medical costs when someone is at fault for her injuries? And knowing the pressure that the possibility of shunning has on people, why would you criticize him for not suing right away?

And speaking of wires...every year my husband and I have a huge party on July 4th since the fireworks are set off right across the street from our house. We have a spectacular view of them. Anyway, usually there are about 100 people in our yard. My husband runs extension cords for a stereo and other things we need for this huge gathering, and they are always out of the way of pedestrians. Aside from that, we insure that the tables, seating, and canopies are sturdy, that all food is covered and perishable foods are kept cold, and the yard is clear of debris. That's part and parcel of hosting an event. In the eight years we've been throwing these shindigs, one person was hurt, and thankfully it wasn't serious. My husband kept a bench in the front yard that was getting wobbly, but it supported his weight of about 224 pounds. Before the party, he turned it upside down, so people wouldn't sit on it. Unbeknown to us, a couple turned it right side up and sat on it. Of course, it broke, and they fell. But the accident was still our fault. So, lesson learned...from now on the only seating that will be in the yard will be sturdy.

VM44

Having wires that are constantly changing position in the aisle where a large number of people are gathered would increase the probability of an accident.

As the conditions for an accident was intentionally setup by the Kingdom Hall, the Kingdom Hall should accept the responsibility for any mishap that might occur.

flipper

Chucky- I'm sorry this happened to your young daughter. I agree with your decision to sue the congregation. I subscribe to Giordano's view. The WT society is liable if the microphone cord was laying around in the aisle perhaps twisted ( as that ALWAYS happened in congregations I attended ) where the person carrying the microphone may have been inattentive to keeping the cord straightened out and untangled. If people got up to use the restroom and several clumps of knotted up cord lay there - then it's the elders or person carrying the microphones responsibility to do the job correctly. Or if a couple LOOPS were standing off the carpet at a six inch level or so- a person could EASILY catch their foot in a loop and trip.

It wasn't your daughter's fault. The WT society reps are the ones who insist little children be brought to attend these mind control sessions - so the WT society is responsible for what goes on inside their own buildings . Just like what would happen at a public restaurant. If a customer tripped and hurt themselves due to various things laying around in ailses when walking to indoor restrooms and they tripped injuring themselves - the restaurant owners would be liable.

In my commercial cleaning business - when buffing a floor in a public convenience store or mini mart - I have to put up WET FLOOR signs near the entrance so as to caution customers entering to cover MY liability . One reason I carry liability insurance. I'm responsible if someone slips and breaks a leg. So is the store owner who may incur liability if one of HIS customers slips on MY wet floor. Then I'd be facing legal wrath from the store owner if his customer sues HIM.

So- It's not unreasonable AT ALL to require the WT society to assume responsibility for the safety of their JW members inside a Kingdom Hall. WT society is very good at passing the buck of responsibility to it's members for EVERYTHING in their personal lives- and likewise the WT society is very expert at NOT being responsible for failed predictions, lies within the cult, and hanging elders out to dry in child abuse cases legally telling them to call from anonymous phone booths. What would make us think the WT society would assume responsibility for injuries inside the Kingdom Hall ? They SHOULD be responsible ! But they WILL NOT - because individual JW's really don't matter that much. It's the numbers reporting field service and the statistics of how many Bible studies being conducted that matters to them. O.K. I'm done. Hope your daughter is doing better Chucky. Peace out, Mr. Flipper

blondie

Why do people say things like we have wireless microphones...obviously there was a time when there were congregations and no wireless mikes had been invented yet and/or the congregation was too cheap or poor to buy them.

There was a time that the CO had a written safety checklist that he used to assess each congregation he visited...no more...I guess he's too busy shepherding.

I can remember some sisters slipped on ice in front of the KH and landed on her tailbone. Permanent injury and she went to a reputable doctor/specialist. She was a regular pioneer at the time and did not have health insurance. The WTS is self-insured so any settlement would come out of their pocket. The WTS reps offered her a pittance that did not even cover her initial medical expenses let alone the lifelong treatment she required and the possibility of not being able to work at many jobs. She held out for more and was labeled "greedy." I wonder if she is still negotiating?

The ice was there because the brother assigned to do the shoveling was late and the elders felt it was beneath them to do it and left it.

flipper

BLONDIE- How sad for that lady suffering the injury. And once again- irresponsibility rears it's ugly head in the form of the WT society and their alleged " spirit " appointed elders. Laze-a$$ elders. Won't even pick up and use a snow shovel. I think a bolt needs to jolt their hind ends into action. Too late now. This lady will deal with her injuries the rest of her life. While the elders sip tea & cocktails enjoying their power. Incredible

drewcoul

Chukky,

Perhaps I should have first welcomed you to JWN.

There is no question as to liability. Obviously if someone trips on a cord that is strewn over the floor, the property owner is liable. As a recovering insurance agent, I am aware of the legal definitions of negligence and assumed risk. It is my own personal opinion that suing for anything above and beyond medical costs when there was clearly not malice involved is not the right thing to do.

My sister in law is a personal injury attorney, and I understand how they make their money. By litigating. They keep about a third of any settlement or judgements. IMHO these are the people who have inspired a culture of suing over anything and anytime there is a good chance of receiving a chunk of money that will make it worth their time.

Again, I'm not saying the KH isn't liable, just that they shouldn't have been sued especially years after the fact.

I sincerely hope your daughter is doing well, and her health problems have been able to be treated and hopefully cured.

Band on the Run

I'm a lawyer so my take is slightly different. Wires should be fixed firmly to the floor with duct tape. A child is not negligent for tripping on wires that were not secure. Under modern negligence law, comparative negligence is the norm. The child need not cause the accident. Damages are discounted by her amount of fault. The KH was on notice that children run around. If no children attended, the notice would be not as strong.

miseryloveselders

Damages are discounted by her amount of fault.

Interesting.

Quirky1

Good fer you Chukky..

I sued the local congregation

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