Man injured by 16-pound pine cone suing for $5 million

upi ^ | Oct. 13, 2015 | Ben Hooper

[Leaning Right]

But who do you sue when lightning strikes, or the wind blows, or a pine cone falls off a tree?

One way to look at it is by the "reasonable man" method. A reasonable man might expect the possibility of lightning during a storm. But would a reasonable man be expected to guard against 16-pound (!) pine cones?

When I read the title to this post, I thought it was about another frivolous lawsuit. But now I think this guy just might have a case.

[fwdude]

Because, this was entirely avoidable by the City.

[DaveyB]

I feel sorry for the guy, but not everything in life that is bad is someone else’s liability.

[JoeProBono]

[Abathar]

"What kind of lawyer agrees to represent this?"

The kind that just got 1/3 plus expenses of a $5M settlement...

[PAR35]

Poorly written story. ‘Johnson’ is referred to only by that name, with no identification as to who he is or how he is tied to the story. You can click through to the story in the San Francisco paper to learn that it is Sam Johnson (apparently the UPI editor doesn’t even know how to cut and paste a name), the plaintiff’s attorney.

If attorney Johnson hasn’t done so, he might want to read the Federal Tort Claims Act and some of the cases under it. While it is possible that the agency has already denied the claim, it would be the unusual federal bureaucrat who could obtain approval for a denial that quickly (the agency has 6 months to determine the claim.) If the story can be relied upon, it also appears that he may have named too many defendants.

[so_real]

I see that and I do feel bad for him. Sincerely. But, who is legally culpable when lightning strikes, the wind blows, or pine cones fall from trees? The U.S. government is responsible for a number of genuine grievances lately. But it can't be held responsible for "bad luck".

[ETL]

[WayneS]

But would a reasonable man be expected to guard against 16-pound (!) pine cones?

I think a reasonable man who is sitting/standing/lying beneath the canopy of a tree which bears 16 pound pine cones should be expected to guard against having one fall on him.

[ETL]

[OLDCU]

Any lawyer, ask John Edwards.

[glorgau]

Or Death By Fruit | When Durian Really Does Kill People

[ETL]

[driftless2]

Nature can be dangerous. There are some public parks in my area close to or in the hills where there are timber rattlesnakes. Although I've never heard of anyone in the area being bitten by one, it's possible. A wild bear ran through a park in the city a few years ago.

Should someone be able to sue the city because they got bit by a rattler or mauled by a wild bear? I don't think so. If you don't ever want to get hurt by nature, don't go out of your house.

[wagglebee]

When God has no place in your culture, you lose that defense.

Sad, but true.

[JoeProBono]

[ETL]

[al_c]

Newton didn’t sue … he studied. Perhaps this guy ought to study. I recommend starting with how to pick a napping spot.

[al_c]

Dang … those coconuts don’t just fall - the tree throws them at people!!!

[SoCal Pubbie]

I have ordered copies of old ship blueprints from this place. How much do I get for a paper cut?