No Diving sign = $1 million - Tilted Forum Project Discussion Community

Slavakion · 03-18-2005, 01:48 PM

I saw this on Fark today and felt compelled to share.
Article

Quote:

A MAN who became a paraplegic at 14 when he dived off a road bridge into a New South Wales river was awarded more than $1 million in damages today.
Philip Dederer, now 20, sued the Roads and Traffic Authority (RTA) and the Great Lakes Shire Council in the NSW Supreme Court after he was paralysed in a diving accident off the Forster/Tuncurry Bridge into the Wallamba River on December 31, 1998.

Mr Dederer, from Newcastle, claimed the RTA and the council were negligent despite there being signs prohibiting diving, because the signs did not say diving was dangerous.

Justice John Dunford agreed and today awarded Mr Dederer $1,050,000 in damages.

He ruled the RTA was 80 per cent responsible for the accident and should pay $840,000, while the council was liable for 20 per cent of the damages to a total of $210,000.

The judge ruled the signs erected were inadequate because young people continued to dive from the bridge.

"I am satisfied that the signs were not effective in the sense that large numbers of young people continued to dive, do somersaults, etc from the bridge," he said.

But he ruled Mr Dederer was partially responsible for his injuries and therefore reduced his original $1.4 million payout by 25 per cent.

Outside court, Mr Dederer said he was relieved with the result but was concerned teenagers and children were still diving off the same bridge and the signs had not been changed.

"I wouldn't like to see another person get into the same position as I did," he said.

Judge Dunford ruled the RTA pay 80 per cent and the council 20 per cent of Mr Dederer's costs.

So does this mean that any warning sign that doesn't explicitly state consequences is useless? Or is Australia just crazy like that? I'm not surprised that Dederer filed this ridiculous suit. But the judge is supposed to be filtering out the crap like that, not siding with him!

Halx · 03-18-2005, 01:58 PM

When I rule the world, the only rewards for lawsuits like this will be a few slaps in the face by Feliqua the Cat Whore. Don't ask me who that is.

Seriously, though... are we supposed to make it virtually impossible to hurt ones self anywhere on the fucking planet, lest we get sued?

Giant Hamburger · 03-18-2005, 02:00 PM

*swallows mouse
*sues Halx

Cynthetiq · 03-18-2005, 02:03 PM

Quote:

Originally Posted by Halx

Seriously, though... are we supposed to make it virtually impossible to hurt ones self anywhere on the fucking planet, lest we get sued?

well that's the path that we're blazing....

muttonglutton · 03-18-2005, 02:05 PM

Thats ridiculous. People have to be smart. Diving off a high bridge is not safe. Period.

Well, unless youre a cliff diver. But I dont think this man, nor any of the other mucks who dive from this bridge are.

The only award should have been a slap from the common sense glove. Yes, 14 year olds do stupid things. but even a 14 year old knows that a sign that says 'no diving' was put there for a reason, and should obey it.

Now, I would have been happy to see the same ruling, if, in the same six years, the same judge made it a point to get the by-law infraction fines raised for this particular case. Retroactively charge the man $1,050,000 for disobeying the sign. Whoops.

the_marq · 03-18-2005, 02:10 PM

From where I am sitting I can see a sign that says "No Jaywalking."

Considering it does not say:

"No Jaywalking...
because you might
get hit by a car, and
that would hurt you
and possibly put you
in the hospital and even
a wheelchair."

...I figure I just found a sure-fire way to make a million dollars. Be right back.

jorgelito · 03-18-2005, 02:19 PM

Ugh! That reminds me of the burglar who broke into someone's house, hurt himself, sued the homeowners and won!!!

Or the kids that snuck into someone's pool and drowned; parents sued and won!!!

WTF???

Slavakion · 03-18-2005, 02:34 PM

The speed limit signs don't say why you should drive that speed. I think maybe $1 million plus extra for emotional trauma and endangering passersby. Take that, state of MA!

maleficent · 03-18-2005, 02:37 PM

Welll... now... when our parents said "because I said so, that's why." often fell on deaf ears... the government says not to do something -- aren't we entitled to a reason why?

(In case you haven't figured it out.... that was sarcasm)

Hanabal · 03-18-2005, 02:42 PM

i wonder if that will be legal precedent.

cause then there will be a lot of new millionaires in australia very soon.

One thing ive noticed, the back of the microwave has a sign saying DO NOT REMOVE. but it doesnt say what will happen to me if I do, ca-ching.

Lebell · 03-18-2005, 02:51 PM

Welcome to another episode of "The Nanny State", where the state must safeguard it's citizen's from themselves and pay for the consequences if they fail.

lindseylatch · 03-18-2005, 04:29 PM

Why did he think the sign was there?? Cause they wanted to keep the good diving spots to themselves?
Are we (as a society) raising our kids not to think anymore? They just follow orders with no thought as to the reasons behind thing? Good God...

canuckguy · 03-18-2005, 04:59 PM

I just don't understand how these type of lawsuits win there should be a common sense law.

TexanAvenger · 03-18-2005, 07:27 PM

Make something idiot-proof and somebody's gonna better idiot...

I just noticed... the sign at the gas pump says not to smoke, but not why...

03-18-2005, 07:48 PM

He may be a millionaire but hes a millionaire in a wheelchair. I think that the case is semi ridiculous but I guess if they knew people were jumping after placing signs and didn't taking actions, perhaps they are partialy liable.

I think they should draft up a law that protects people from lawsuits like this, some standards or guidlines for what sort of caution is needed for people to stop lawsuits like this in the future.

I remeber reading a few posts about about people who were "free running" and jumped from a parking garage and missed, fell 80 feet and lived. Then sued the city and garage owner after expliciting saying that he jumped of free will, now how are they liable for him throwing himself of a building? That I truely dont understand.

whocarz · 03-19-2005, 02:31 AM

The only reward this numbskull deserves is to be thrown off the same bridge, and hope this time the fall kills him.

macmanmike6100 · 03-19-2005, 02:44 AM

australia's legal system is a little kooky, I've noticed. I don't think that guy deserves a cent -- no diving means no diving.

Roark · 03-19-2005, 03:14 AM

I think it's terrible he's in a wheelchair but at that same time he was old enough to know that sign was there for a reason and that thre could be consequences for his actions. You can't possibly list everything that might/might not happen on each and every warning sign. Maybe what we should do is post a single URL on every sign and every label that when you goto it lists every bad thing that could happen to a person (of course we'd have to update this on a regular basis). With a clause at the top stating "one or more of the following consequences may occur if item misused or posted warnings disregarded."

...oh wait I forgot then the people who didn't have computers would sue because they couldn't see the list and therefore couldn't possibly know that they could die, break a bone, etc. from jumping off a building... My Bad

These frivolous lawsuits will be the end of us..

Strange Famous · 03-19-2005, 04:06 AM

personal responsibility surrenders

Strange Famous · 03-19-2005, 04:08 AM

Just read a few statements, felt compelled to add comment

If |I walk out of my flat and headbutt the road and give myself brain damage, should I sue my local council for not placing signs there to tell me head butting concrete might be dangerous?

Slavakion · 03-19-2005, 06:16 AM

Quote:

Originally Posted by Strange Famous

Just read a few statements, felt compelled to add comment

If |I walk out of my flat and headbutt the road and give myself brain damage, should I sue my local council for not placing signs there to tell me head butting concrete might be dangerous?

Sure. I should really talk to my town for not putting up signs by the pond telling people that inhaling water may be dangerous to my health.

alansmithee · 03-19-2005, 09:04 AM

Quote:

Originally Posted by NotMVH

He may be a millionaire but hes a millionaire in a wheelchair. I think that the case is semi ridiculous but I guess if they knew people were jumping after placing signs and didn't taking actions, perhaps they are partialy liable.

What action could they take? Have a guard at the bridge? Does it take a Nobel prize winner to realize that jumping off a bridge might be hazardous to your health?

Too many more lawsuits like this and we'll have to start covering everything in Nerf.

Quote:

Originally Posted by lindseylatch

Why did he think the sign was there?? Cause they wanted to keep the good diving spots to themselves?

When I read this, I got a picture in my head of a bunch of guys in suits sneaking out at night for some freejumping.

Willravel · 03-19-2005, 09:13 AM

I HATE Justice John Dunford. He should be thrown out of a courtroom for the rest of his life, and be made to pay off that $1,050,000 back to the city of Newcastle by hard labor. He was not upholding the law, or the spirit of the law, when he made that disgusting ruling. The kid gambled with his life, and the house won. I'm sad his parents didn't know to teach him "school good, dicing off bridge bad", but it's not the city's fault. We all know signs aren't going to stop them, unless the sign posts that there is a $1,050,000 fine for dicing off of bridges.

Blackthorn · 03-19-2005, 09:27 AM

Epitome of re-gawt-damn-diculous. This is very similar to the jackass garage jumpers. I agree with Halx. A few slaps in the face for being a dumb ass is just reward for this fool. You are entitled to screw youself up....but again...please don't whine about it when it actually happens.

ShaniFaye · 03-19-2005, 09:30 AM

Im sure his friends were all doing it...so he had to do it too.

This is as stupid and fucked up as those kids in florida jumping from the parking garages and suing the owners geez people

cyrnel · 03-19-2005, 09:43 AM

Willtravel, never discount the value of pity.

Check into case of the San Jose Miata couple ~'97. Details are very fuzzy but as I recall they bought the car to celebrate, they drove back roads to have fun, she drove them into the ditch and into permanent wheelchair occupancy. They sued the county for not having enough guard rails or signs about corners being hazardous. The county settled. $16mil comes to mind. Granted, it was a time of prosperity, but this stuff happens all too frequently. Injury litigation remains big business.

03-19-2005, 09:43 AM

Rediculous ..absolutely rediculous.

Are people not to take responsibility for their own actions anymore?
Yes he was a teenager so therefore liable to think he's immortal and doesnt need to listen to other people and read warning signs but if he wants to do things like this then he needs to take responsibilty for his actions.

My judgement is 80% his fault and 20% his parents responsibilty for not teaching him why there would be a 'no diving' sign there.!

03-18-2005, 01:58 PM	#2 (permalink)
Halx Please touch this. Owner/Admin Location: Manhattan	When I rule the world, the only rewards for lawsuits like this will be a few slaps in the face by Feliqua the Cat Whore. Don't ask me who that is. Seriously, though... are we supposed to make it virtually impossible to hurt ones self anywhere on the fucking planet, lest we get sued? __________________ You have found this post informative. -The Administrator [Don't Feed The Animals]

03-18-2005, 02:05 PM	#5 (permalink)
muttonglutton Crazy Location: K-W. Err... -dot.	Thats ridiculous. People have to be smart. Diving off a high bridge is not safe. Period. Well, unless youre a cliff diver. But I dont think this man, nor any of the other mucks who dive from this bridge are. The only award should have been a slap from the common sense glove. Yes, 14 year olds do stupid things. but even a 14 year old knows that a sign that says 'no diving' was put there for a reason, and should obey it. Now, I would have been happy to see the same ruling, if, in the same six years, the same judge made it a point to get the by-law infraction fines raised for this particular case. Retroactively charge the man $1,050,000 for disobeying the sign. Whoops. __________________ Cellar Door.

03-18-2005, 02:10 PM	#6 (permalink)
the_marq All hail the Mountain King Location: Black Mesa	From where I am sitting I can see a sign that says "No Jaywalking." Considering it does not say: "No Jaywalking... because you might get hit by a car, and that would hurt you and possibly put you in the hospital and even a wheelchair." ...I figure I just found a sure-fire way to make a million dollars. Be right back. __________________ The Truth: Johnny Cash could have kicked Bruce Lee's ass if he wanted to. #3 in a series

03-18-2005, 02:37 PM	#9 (permalink)
maleficent Junkie Moderator Emeritus Location: Chicago	Welll... now... when our parents said "because I said so, that's why." often fell on deaf ears... the government says not to do something -- aren't we entitled to a reason why? (In case you haven't figured it out.... that was sarcasm) __________________ Free your heart from hatred. Free your mind from worries. Live simply. Give more. Expect less.

03-18-2005, 02:42 PM	#10 (permalink)
Hanabal Insane Location: Auckland	i wonder if that will be legal precedent. cause then there will be a lot of new millionaires in australia very soon. One thing ive noticed, the back of the microwave has a sign saying DO NOT REMOVE. but it doesnt say what will happen to me if I do, ca-ching. __________________ I am Hanabal, Phear my elephants

03-18-2005, 02:00 PM	#3 (permalink)
Giant Hamburger Gastrolithuanian Location: low-velocity Earth orbit	swallows mouse sues Halx

03-18-2005, 02:19 PM	#7 (permalink)
jorgelito All important elusive independent swing voter... Location: People's Republic of KKKalifornia	Ugh! That reminds me of the burglar who broke into someone's house, hurt himself, sued the homeowners and won!!! Or the kids that snuck into someone's pool and drowned; parents sued and won!!! WTF???

03-18-2005, 02:34 PM	#8 (permalink)
Slavakion Mjollnir Incarnate Location: Lost in thought	The speed limit signs don't say why you should drive that speed. I think maybe $1 million plus extra for emotional trauma and endangering passersby. Take that, state of MA!

03-18-2005, 02:51 PM	#11 (permalink)
Lebell Cracking the Whip Location: Sexymama's arms...	Welcome to another episode of "The Nanny State", where the state must safeguard it's citizen's from themselves and pay for the consequences if they fail. __________________ "Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." – C. S. Lewis The ONLY sponsors we have are YOU! Please Donate!

03-18-2005, 04:29 PM	#12 (permalink)
lindseylatch Addict Location: Seattle, WA	Why did he think the sign was there?? Cause they wanted to keep the good diving spots to themselves? Are we (as a society) raising our kids not to think anymore? They just follow orders with no thought as to the reasons behind thing? Good God... __________________ "Those who can make you believe absurdities can make you commit atrocities" "If God did not exist, it would be necessary to invent him." "It is dangerous to be right when the government is wrong." -Voltaire

03-18-2005, 04:59 PM	#13 (permalink)
canuckguy I read your emails. Location: earth	I just don't understand how these type of lawsuits win there should be a common sense law.

03-18-2005, 07:27 PM	#14 (permalink)
TexanAvenger Born-Again New Guy Location: Unfound.	Make something idiot-proof and somebody's gonna better idiot... I just noticed... the sign at the gas pump says not to smoke, but not why...

03-18-2005, 07:48 PM	#15 (permalink)
NotMVH Guest	He may be a millionaire but hes a millionaire in a wheelchair. I think that the case is semi ridiculous but I guess if they knew people were jumping after placing signs and didn't taking actions, perhaps they are partialy liable. I think they should draft up a law that protects people from lawsuits like this, some standards or guidlines for what sort of caution is needed for people to stop lawsuits like this in the future. I remeber reading a few posts about about people who were "free running" and jumped from a parking garage and missed, fell 80 feet and lived. Then sued the city and garage owner after expliciting saying that he jumped of free will, now how are they liable for him throwing himself of a building? That I truely dont understand.

03-19-2005, 02:31 AM	#16 (permalink)
whocarz Jarhead Location: Colorado	The only reward this numbskull deserves is to be thrown off the same bridge, and hope this time the fall kills him. __________________ If there exists anything mightier than destiny, then it is the courage to face destiny unflinchingly. -Geibel Despise not death, but welcome it, for nature wills it like all else. -Marcus Aurelius Come on, you sons of bitches! Do you want to live forever? -GySgt. Daniel J. "Dan" Daly

03-19-2005, 02:44 AM	#17 (permalink)
macmanmike6100 High Honorary Junkie Location: Tri-state.	australia's legal system is a little kooky, I've noticed. I don't think that guy deserves a cent -- no diving means no diving.

03-19-2005, 03:14 AM	#18 (permalink)
Roark Insane	I think it's terrible he's in a wheelchair but at that same time he was old enough to know that sign was there for a reason and that thre could be consequences for his actions. You can't possibly list everything that might/might not happen on each and every warning sign. Maybe what we should do is post a single URL on every sign and every label that when you goto it lists every bad thing that could happen to a person (of course we'd have to update this on a regular basis). With a clause at the top stating "one or more of the following consequences may occur if item misused or posted warnings disregarded." ...oh wait I forgot then the people who didn't have computers would sue because they couldn't see the list and therefore couldn't possibly know that they could die, break a bone, etc. from jumping off a building... My Bad These frivolous lawsuits will be the end of us..

03-19-2005, 04:06 AM	#19 (permalink)
Strange Famous follower of the child's crusade?	personal responsibility surrenders __________________ "Do not tell lies, and do not do what you hate, for all things are plain in the sight of Heaven. For nothing hidden will not become manifest, and nothing covered will remain without being uncovered." The Gospel of Thomas

03-19-2005, 04:08 AM	#20 (permalink)
Strange Famous follower of the child's crusade?	Just read a few statements, felt compelled to add comment If \|I walk out of my flat and headbutt the road and give myself brain damage, should I sue my local council for not placing signs there to tell me head butting concrete might be dangerous? __________________ "Do not tell lies, and do not do what you hate, for all things are plain in the sight of Heaven. For nothing hidden will not become manifest, and nothing covered will remain without being uncovered." The Gospel of Thomas

03-19-2005, 09:13 AM	#23 (permalink)
Willravel ... a sort of licensed troubleshooter.	I HATE Justice John Dunford. He should be thrown out of a courtroom for the rest of his life, and be made to pay off that $1,050,000 back to the city of Newcastle by hard labor. He was not upholding the law, or the spirit of the law, when he made that disgusting ruling. The kid gambled with his life, and the house won. I'm sad his parents didn't know to teach him "school good, dicing off bridge bad", but it's not the city's fault. We all know signs aren't going to stop them, unless the sign posts that there is a $1,050,000 fine for dicing off of bridges.

03-19-2005, 09:27 AM	#24 (permalink)
Blackthorn Beware the Mad Irish Location: Wish I was on the N17...	Epitome of re-gawt-damn-diculous. This is very similar to the jackass garage jumpers. I agree with Halx. A few slaps in the face for being a dumb ass is just reward for this fool. You are entitled to screw youself up....but again...please don't whine about it when it actually happens. __________________ What are you willing to give up in order to get what you want?

03-19-2005, 09:30 AM	#25 (permalink)
ShaniFaye Submit to me, you know you want to Location: Lilburn, Ga	Im sure his friends were all doing it...so he had to do it too. This is as stupid and fucked up as those kids in florida jumping from the parking garages and suing the owners geez people __________________ *I want the diabetic plan that comes with rollover carbs. I dont like the unused one expiring at midnite!!*

03-19-2005, 09:43 AM	#26 (permalink)
cyrnel Adequate Location: In my angry-dome.	Willtravel, never discount the value of pity. Check into case of the San Jose Miata couple ~'97. Details are very fuzzy but as I recall they bought the car to celebrate, they drove back roads to have fun, she drove them into the ditch and into permanent wheelchair occupancy. They sued the county for not having enough guard rails or signs about corners being hazardous. The county settled. $16mil comes to mind. Granted, it was a time of prosperity, but this stuff happens all too frequently. Injury litigation remains big business.

03-19-2005, 09:43 AM	#27 (permalink)
Lin Guest	Rediculous ..absolutely rediculous. Are people not to take responsibility for their own actions anymore? Yes he was a teenager so therefore liable to think he's immortal and doesnt need to listen to other people and read warning signs but if he wants to do things like this then he needs to take responsibilty for his actions. My judgement is 80% his fault and 20% his parents responsibilty for not teaching him why there would be a 'no diving' sign there.!