I don't think we can expect government to keep every pothole filled.

I feel for these people. It's so sad.

Maybe not.

They were brought by early settlers from England and were hundreds of years old then.

The property owner has a duty to maintain it in a condition that won't cause normal use to hurt people. And potholes take a long time to develop, so no excuse there.

The husband will win if the unrepaired pothole is believed to be the proximate cause of injury that lead to death. Even if he was under the influence, the property owner will almost certainly still be held liable to some degree for maintaining a hazard.

That’s a problem with your lawsuit right there.

It’s a terrible thing that happened, but suing the city because you stepped in a hole? Sometimes when bad things happen you simply can’t blame them on anyone else.

1. From this snippet we don’t know if either of them was drunk. Maybe they were having a good time and as loving newlyweds and thought it be funny and cute. So the Darwin reference really is offensive.

2. It sounds like this was private property so it would not be a government issue.

If she was in the hospital at the base in Carlsbad then there's no bill at all. If a public hospital it was likely covered by military Tricare insurance, and a very small co-pay.

Some copayments are 25 to 50% depending on the illness.

But if he was active duty, her payments should be very low.

I was involved in a pothole in the parking lot fall and I can tell you it was serious. The pothole could not be seen because it was dark and raining. I stepped right into it. Fell flat on my face but I was able to get up. Three days later I was in the hospital for a concussion. I thought I was fine but started feeling weird, dizzy, like I was drunk without drinking, 3 days afterwards.

Anyway, all us well for me now but not maintaining your parking lot and injured customers happens a lot more than you think. I will never use a facility again that allows potholes in the parking area.

than other insurance companies? I've got my doubts, but I don't know.

If she was treated in a military facility, that's one thing, but if they're relying on Tricare to pay for treatment at a civilian hospital, they could be on the hook for a substantial amount.

It is good that he's active duty, with regard to healthcare costs & access to military healthcare for himself and his dependents. That's in general, I don't know about this specific case.

I hate seeing that and it just makes me cringe especially walking along the sidewalk.

1. don't get so drunk you can't walk

2. going into the bar, notice the potholes

3. if you are going to carry someone, please do so in a manner that allows both of you to be safe...

And something likebthis COULD have happened to me. I wont call him a Darwin candidate, but I wouldnt award hom a single penny either.

Caveat: Assuming they were drunk.

big mall that is a big asset to the tax base, but not doing well enough, so they say, to keep up the parking lots. they are trying to get the city to consider them streets and maintain them. they are currently shit.

they are talking about a special taxing district.

cities end up cleaning up so much corporate trash.

homeowners can get sued when somebody falls down on their property...

sad situation, I really feel sorry for the guy. partly his fault too and he has to live with that. an accident can end a life.

ugh

Let's substitute health care for the current wealth care system.

It's a ridiculous suit. Two drunks in a parking lot. One not paying attention to where he's walking and trips. Totally
not the fault of the establishment.

Yes, home owners, and anyone else, can get sued for almost anything. That doesn't make the cases legitimate. To win a case, they must prove the establishment was willfully negligent. That they knew that safety was compromised and did nothing.

Making that case about potholes in a parking lot is going to be tough. As it should be. It's ridiculous to expect every pothole be fixed immediately.

I'm sorry for his loss, but suing the establishment doesn't absolve him for his actions.

it very well could be partially the fault of the establishment - we really don't know all the facts here. we don't even know if anybody was really drunk, though it is certainly reasonable to assume they may have at least been drinking.

I googled "marine in carlsbad suing bar" and got a ton of links to articles. For an odd, tragic, accident it seems to be getting a lot of attention. That makes me suspicious. But, my screen name isn't bitter - as in bitter and jaded - for nothing.

https://www.dailymail.co.uk/news/article-7921689/Newlywed-marine-fell-pothole-carrying-wife-parking-lot-sues-lot-owner.html

It was in the early morning hours after a night out dancing at a bar. There is a picture of the pothole in the linked article. Looks pretty avoidable to me if you are paying attention to where you are walking. Especially if, as the suit complains, the parking lot was riddled with potholes. That probably wasn't the best thing to put in the suit. A person would normally be even more cautious in a place that is riddled with potholes. Let's extend this blame-game to it's extreme and most stupid conclusion. IF the parking lot WAS riddled with potholes HE had a duty to take EXTRA care when transporting his wife. SO, HER parents, his in-laws, should sue HIM for being negligent and depriving them of their daughter. See how stupid this can get?

From the article though:

Though the trio claimed in the lawsuit that the grounds were “covered in cracks and potholes in such a manner as to be a blatant disregard for the safety of its guests,” Village Faire employees who spoke to KNSD said SVF, LLC effectively maintains the space and annually fixes potholes.

I'm very sorry he has lost his wife. There is no doubt this is a terrible, terrible thing to have happened.

I'm just so sick of everything having to be the fault of someone else. Of people feeling like it's perfectly okay to blame others for everything rather than taking some personal responsibility. That every time something bad happens to them they get to sue someone.

I feel bad for the guy. I suspect he feels guilty as hell about tripping with her and causing her head injuries. But, it sounds like that is what happened. HE wasn't paying enough attention to where he was walking. Now, it seems to me some lawyer or others have convinced him to offload the guilt he feels by suing the bar and saying they're responsible. Perhaps that's the way he's dealing with the guilt and the loss.

He needs to accept that he was part of a tragic accident. That no amount of suing and money is going to change that.

Unless the parking lot is owned by the restaurant, too bad, so sad. really.

My aunt received a settlement from city of Philadelphia to recover her medical costs breaking a limb from tripping on a pipe sticking up at edge of sidewalk

So you tore your suspension out of the car - not our problem.

Did you miss that point?

Before he got stagger drunk and she unconscious drunk. Better luck maybe on suing the restaurant for serving too many drinks.
Those suit have been successful, specially to people that young, who ae inexperienced with the affects.

...in competitive wife carrying, the traditional prize is the wife’s weight in beer.

Sober people don't trip in a pothole. Conscious people being carried do not land on their head.

Even if the person carrying them trips.

Potholes are a fact of life in the winter in some areas.

They are fixed in the Spring when the ground thaws.

Stone cold sober.

right?

Grrr.

nobody sober ever falls or has an accident? interesting. good luck in life, hope it never happens to you but you are dead wrong.

As a certifiably clumsy oaf, I beg to differ.

Tragedies such as the one which is the subject of this post are rare, but they have occurred. They result in the question of who, if anyone, is to blame. My heart goes out to the family of the deceased.