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Comment from Christa
Time: February 6, 2008, 12:03 pm

I find it a little odd that no one mentioned that retired Clerk of Court Wayne Harper owns Pump It Up.

Comment from finnegan
Time: February 6, 2008, 12:40 pm

I find it a little odd that a woman was supposedly injured by an inflatable structure made for kids.

Pump it Up is a franchise with locations all over the country. It’s unclear to me whether Lutel is the local company or the national franchise.

Comment from Emmy
Time: February 6, 2008, 12:55 pm

Well having been to Pump It Up on several occasions I am not shocked that someone was injured. The equipment is big enough to accommodate an adult and we were encouraged to participate with the kids. They require a waiver for all of the children, but not for adults, so they may be in trouble here. If they really didn’t have something set up properly, then I understand why she is suing. But, whenever I go there I realize the high risk for injury when everything is set up properly.

Comment from Seth
Time: February 6, 2008, 2:18 pm

“If they really didn’t have something set up properly, then I understand why she is suing. But, whenever I go there I realize the high risk for injury when everything is set up properly.”
i mean, i’m not going to beat the dead torte reform horse here, but seriously, $150,000? what could she possibly have done to incur medical bills like that (i’m writing off the anguish and embarrassment or whatever. if i sued someone everytime i embarrassed myself….well, i’ll leave it at that.)? and insofar as waivers, if there are waivers for the kids, then i assume the adults are signing them. not totally clear on the logistics of this, but it would seem to me that by signing a form recognizing the potential danger posed to a child (for whom the equipment was made) one might be expected to reasonably assume that the same risks would apply to people of all sizes. i’m sorry the lady got hurt. and if there were some gross negligence then it wouldn’t be totally unreasonable to expect the big bad corporation to cover medical bills. but again i say, $150,000!!? if stupid people want to hit it big out of the blue then they should play the lottery.

Comment from Emmy
Time: February 6, 2008, 2:50 pm

I agree that the amount is excessive and I can’t imagine suing because I was embarrassed. Yes, parents do sign the wavier, but you list the child’s name and birthday indicating that you are signing for the child and you can technically leave the child at the facility during parties. As for it being designed for children, I’m betting they can argue this. I believe I noticed that the slide had a weight limit of 500 pounds. They allow one person down the slide at a time, but a parent can go down with a child. Even then you might not reach 500 pounds. Also the openings are plenty big enough for adults, so I think it could be argued that the equipment is designed for “family use”. But, like I said, if it was true negligence then her medical bills should be covered. But, if she just had a stupid accident that embarrassed her then I hope they figure that out. $150K is too much unless she’ll never be able to work again (in which case it would be too little). Sounds like that is not the case.

Pingback from cVillain » Blog Archive » Inflatable Toy Hurts Woman. Guess what? She SUES.
Time: February 6, 2008, 3:44 pm

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Comment from Seth
Time: February 6, 2008, 3:56 pm

right on, we’re on the same page. these sorts of things used to drive me bonkers. until the great Martin Cizmar made me realize the legitimate position of the lady who got burned by the McDonald’s coffee. now i tend to be more reasonable. thanks Martin!

Comment from David Miller
Time: February 6, 2008, 4:26 pm

I missed that Martin moment. Small business ownership is scary like this. I have insurance out the wazoo for this reason. The problem with that is that it is very expensive. I’m not trying to say that it should be an every man for themselves society (that would be the Neo Con’s perspective not mine). I simply think that lawsuits are impossible to avoid. Basically you are saying that as a business owner, you are responsible for every possible injury to a customer. Couldn’t there be some sort of “gross negligence” clause that stated, yeah people get hurt and if the owner did foresee a problem and negligently ignored it then they are liable? Maybe she was more seriously injured and needed surgery (wouldn’t it be nice if she had some sort of universal health care so that small businesses wouldn’t have to purchase this kind of insurance).

Example, I slipped and fell on my steps on Friday (I forgot to salt the aluminum “traction” bars on the steps). I hurt myself pretty badly; I took the day off and nursed my wounded back at home. If a customer did that, I’d be liable. People fall all the time, it sucks. But to place blame on a person or corp. for an act of God of tripping over equip. Who’s my mom going to sue for falling in the woods and breaking her nose, God? Or The Forest Service? Probably not. I think that universal health care would solve this problem, and eliminate the waste that middle men exemplify (I love my insurance company-they are fantastic but I wish I didn’t need them as much!)

Comment from Dave Briggman
Time: February 6, 2008, 8:29 pm

Now, finnegan, I’m sure your headline is an accurate depiction of the story, but it is unclear as to whether the woman was the woman injured/humiliated by an inflatable toy belonging to Pump-It-Up, or an inflatable toy that she brought to Pump-It-Up?

Is there somewhere I might find clarification?

Comment from Dave Briggman
Time: February 6, 2008, 8:32 pm

Odd that this suit was filed in August of last year and we’re just hearing about it now.

Comment from Dave Briggman
Time: February 6, 2008, 8:35 pm

Miller. You obviously have never been in the military or you wouldn’t be a universal health care enthusiast.

I’ve never heard or read anything about this with respect to universal health care, but if there’s a single payer, every provider will be limited as to what they could charge for a given provedure. If there is no competition on rates, everybody’s going to make the same, which would be caps on the incomes of doctors which means absolutely no incentive to have the best and brightest to enter med school.

Comment from Mike
Time: February 6, 2008, 10:28 pm

I don’t want to get off track here but I have to respond to this.

“If there is no competition on rates, everybody’s going to make the same, which would be caps on the incomes of doctors which means absolutely no incentive to have the best and brightest to enter med school.”

Call me crazy, but somehow I think that under a universal health care system, doctors would make plenty and have sufficient motivation to enter med school and also to stay sharp and maintain their status in the industry.

Our local libraries provide a free service to one and all and I see plenty of bright people working there. I bet they make less than doctors too.

Comment from Dave Briggman
Time: February 7, 2008, 10:11 am

Our Library’s services aren’t “free”…they routinely receive money from multiple City and County governments…who get their money from US.

Comment from JGFitzgerald
Time: February 7, 2008, 10:25 am

Much of this post is based on only a couple of paragraphs of the lawsuit. If you read further, you’ll find that the injury was caused partly by the downdraft from a black helicopter, and that the woman probably could have saved herself by shooting a hole in the inflatable toy if the government hadn’t confiscated her handgun.

But so long as we’re so far off-topic, it’s worth noting that the vast majority (noticed the restraint with which I didn’t capitalize that phrase) of citizens agree that universal literacy is a goal worth paying for, partly because it lessens the chance of growing the disadvantaged underclass. Hence, they pay for schools and libraries. Once upon a time, they didn’t. Fifty years from now, somebody may write these sentences about health care.

Comment from Seth
Time: February 7, 2008, 10:41 am

dave (m), careful with the statements about universal health care abolishing frivoulous law suits. you guys need those trial lawyers and their deep pockets.
:)

Comment from David Miller
Time: February 7, 2008, 11:19 am

I love lawyers, and insurance agents. I only wish that their services were not so crucial to operation in modern society.

Dave Briggman, I’d love to discuss universal health care with you but your talking points all revolve around myth and propaganda fed to you by the conservative media machine and you have proven no capability to discuss reasonably.

To anyone else wishing to discuss this matter, my post was about how universal health care could alleviate the problems of frivolous lawsuits by removing the “everyman for them selves” mantra that Neo Cons are preaching as gospel. I believe that if we had universal health care, then Pump-It-Up would not have been sued because this poor woman would have received the health care she needed and have been sent on her way. Of course we would need to address the belief that somehow money can repay embarrassment and mental anguish, if no one is permanently disabled or dead, then I will step out on a limb and say that no money should change hands. If the woman didn’t have her own health care then that is the only situation I see reasonable to proceed with such a lawsuit.

p.s. Seth, just one part of your post left me wondering, who are “you guys”?

Comment from Greg
Time: February 7, 2008, 12:30 pm

Comment from Dave Briggman
Time: February 6, 2008, 8:35 pm

Miller. You obviously have never been in the military or you wouldn’t be a universal health care enthusiast.

I’ve never heard or read anything about this with respect to universal health care, but if there’s a single payer, every provider will be limited as to what they could charge for a given provedure. If there is no competition on rates, everybody’s going to make the same, which would be caps on the incomes of doctors which means absolutely no incentive to have the best and brightest to enter med school.

==========================
As a physician, and one who spent several years in the military, I couldn’t disagree more with these kind of generalized misconceptions.

Comment from Justin C
Time: February 7, 2008, 2:43 pm

Dave, I agree with most of what you have to say, but I don’t think Universal Health care would ELIMINATE those lawsuits, it would most likely decrease them.

Imagine if you were injured due to undeniable gross negligence on someone else’s part. If there was no doubt that they did something stupid that hurt you and sent you to the hospital. You deal with pain and lost time at work. In a case like that, just having your care paid for is not necessarily enough.

That said, these days “undeniable gross negligence” does not need to be proved. Plain old accidental negligence is plenty to sue a person these days and that is sad.

Comment from Seth
Time: February 7, 2008, 3:03 pm

sorry dave,
i don’t mean to seriously propagate us vs. them rivalries but i was referring to the side of the political spectrum which would nominate a trial lawyer for president (and to my understanding, benefits more from their generosity come contribution time).
just trying to push buttons…

Comment from Seth
Time: February 7, 2008, 3:06 pm

the real question is when i vote for obama on tuesday do i become one of you guys or can i still be an everyman for himself neocon?

Comment from David Miller
Time: February 7, 2008, 4:49 pm

Justin

I agree with you >from before> “Of course we would need to address the belief that somehow money can repay embarrassment and mental anguish, if no one is permanently disabled or dead, then I will step out on a limb and say that no money should change hands”

I like the way that France does some things, I like the way that we do others. For example (you probably already know this, but for the rest of the folks); As a new business I pay 2.56 percent of all wages paid to employees to the state unemployment commission to cover the cost of their programs for laid off workers). If I do not have claims, over time my rate goes down. This would be a great way to approach missed time due to injury at a business. It motivates employers/managers to provide both a safe working environment but also a safe shopping environment. It cuts out the middle men’s profit and only keeps the lean meat (ie the gov org in charge of running the program, regardless of your argument it’s impossible to win if you argue that a for profit enterprise with shareholders to pay is better for the consumer).

Comment from David Miller
Time: February 7, 2008, 5:40 pm

Seth

You aren’t bothering me, you’re not mean spirited. I just didn’t get your joke until I remembered Edward’s profession. The cold medicine is really taking its toll.

There is no us and there is no them. WE are human (everyone but the Neocons ;) ), with common needs that require moderation, consensus and compromise. If you believe as I do that it doesn’t matter that he’s a democrat. It doesn’t matter that he isn’t a DC insider and it certainly doesn’t matter that he is black and a Christian God fearing man. If you believe that he is the first offering of hope in a long time. If you’re still willing to hope. If you hope as I do that it is not too late for our federal government to return to its primary function of by the people and for the people. Then yes, you should vote for Obama. Regardless of your neocon aspirations, we won’t judge you 