Comments on: Birthday surprise doesn’t work out https://www.overlawyered.com/2008/09/birthday-surprise-doesnt-work-out/ Chronicling the high cost of our legal system Wed, 10 Sep 2008 23:41:25 +0000 hourly 1 By: OBQuiet https://www.overlawyered.com/2008/09/birthday-surprise-doesnt-work-out/comment-page-1/#comment-28974 Wed, 10 Sep 2008 23:41:25 +0000 http://overlawyered.com/?p=7510#comment-28974 Zubon,

Your right,I seem to have inverted the actors here.

It is also nice to know that I wasn’t arguing with myself in public again.

]]> By: Zubon https://www.overlawyered.com/2008/09/birthday-surprise-doesnt-work-out/comment-page-1/#comment-28953 Wed, 10 Sep 2008 17:40:51 +0000 http://overlawyered.com/?p=7510#comment-28953 err… that was me. Accidental ctrl-V with the name.

]]> By: OBQuiet https://www.overlawyered.com/2008/09/birthday-surprise-doesnt-work-out/comment-page-1/#comment-28952 Wed, 10 Sep 2008 17:40:14 +0000 http://overlawyered.com/?p=7510#comment-28952 OBQuiet, I think you read that backwards. They accepted that she was blindfolded, which pretty much nullifies “failure to warn.”

]]> By: OBQuiet https://www.overlawyered.com/2008/09/birthday-surprise-doesnt-work-out/comment-page-1/#comment-28878 Tue, 09 Sep 2008 15:45:01 +0000 http://overlawyered.com/?p=7510#comment-28878 I guess I will never understand the law.

Even if the she had been blindfolded, why would the State be liable. I could see holding the friend responsible since the danger was “open and obvious” and they had deliberately hidden that from the plaintiff. But any warnings the state posted would likewise have been obscured by the blindfold. Unless they were arguing that signs should have been posted everywhere along the trail JUST IN CASE you missed the first few at the trail head.

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