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

upi ^ | Oct. 13, 2015 | Ben Hooper

[JoeProBono]

[Leaning Right]

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.

But unless the tree is native to the area, how would that man be expected to know about such a thing? IMHO, no fence is necessary around such a tree. But there should have been a couple of warning signs near the tree.

And those signs should be in English only! I would expect a "reasonable man" who lives in America to know English, or learn it PDQ. (Shameless plug for English as America's only official language.)

[WayneS]

But unless the tree is native to the area, how would that man be expected to know about such a thing?

Situational awareness, perhaps. Maybe, look up once in a while.

It's not like a 16 pound pine cone can hide.

[publius911]

The Araucaria bidwillii, native to Australia and better known as a bunya pine or false monkey puzzle tree, can grow seed pods measuring up to 16 inches in diameter and weighing up to 40 pounds.

Not to badmouth the Australians, they are just observers like I am, but imported species from there are a disaster that keeps on giving.

In addition to these natural mine fields, it has given us a two-mile stretch if road (in California) festooned with hundreds of Eucalyptus, and replete with signs that read "Beware of falling trees" (WTF?) and, in urban environments and unprecedented drought periods, other Eucalyptus that suck up all the available water from native trees and grasses, killing everything in the neighborhood.

Unintended consequences are a bitch.

[publius911]

Act of God.

Nope.
Not in this case.

A good argument can be made for "Act of man," albeit totally unconscious and clueless.

[publius911]

"I've not found another case that is factually similar," Johnson told KNTV. "This is relatively novel."

How provincially cute!

I have known of one case in Asia where a friend vacationing had a limb fall on her giving her a serious concussion. The only help provided to her was transportation back to the cruise ship.

[publius911]

But who do you sue when lightning strikes, or the wind blows, or a pine cone falls off a tree? This is dumb. What kind of lawyer agrees to represent this?

I disagree.
Lightning and the wind are 100% natural and acts of God.

Some ignorant clueless human idiot actually imported the damned things.

[publius911]

I just posted a site that shows a warning sign. I’m sure it would help in the lawsuit.

As mentioned in the article, that sign was posted after the tree assault incident.

[Leaning Right]

It's not like a 16 pound pine cone can hide.

Good point!

[JoeProBono]

[PLMerite]

Did anyone ask Mr. Mace if he had any new ideas about Newtonian physics?

[Sacajaweau]

What I posted was a 2013 article in Vincent....not where the dude got clobbered.

[GOYAKLA]

Reminds me of the Blue Agave! AhhhTequila.

[Flick Lives]

The Araucaria bidwillii, native to Australia and better known as a bunya pine or false monkey puzzle tree, can grow seed pods measuring up to 16 inches in diameter and weighing up to 40 pounds.

Simple rule of thumb. Every plant, insect, and animal in Australia is bigger, badder, and deadlier than anywhere on Earth.

[nothingnew]

Bwahahaha!

Joe, yer one of the best around here.

FMCDH(BITS)

[American in Israel]

I wonder how the poor tree is going to pay the bill.

[frithguild]

Governmental entities are generally immune from dangers posed by natural conditions of unimproved property they own. Here, a Court may view this tree as not a natural condition because it is a species from a different continent that poses a hazard, in the form of 16 lb cones, that does not exist in the indigenous forest. If so, and the court denies summary judgement, a jury will decide the case, if there is no settlement.

[JimRed]

Imagine the pine nuts from THAT cone!

[JimRed]

And those signs should be in English only! I would expect a "reasonable man" who lives in America to know English, or learn it PDQ. (Shameless plug for English as America's only official language.)

Agreed in principle, but with an exception for tourist areas where it is likely non-English speakers will often be present.

[knittnmom]

Act of God. You bring up an interesting point - if the godless left does not want to pay a claim, can they claim act of God? Or do they have to blame Gaia?