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Last week, a Brooklyn teenager died after being electrocuted while climbing a fence at PS 217 in Ditmas Park. Luis Rivera and friends were leaving the school's basketball courts (which had been closed) around 8PM, and when Rivera climbed the fence, he brushed up against a light fixture which was not properly "grounded" and was shocked. Now his family has filed a notice of claim to sue the Department of Education for $10 million. The DOE isn't commenting now that there's a lawsuit, but it had initially said that Rivera was trespassing and that he wasn't even a student at PS 217. NY1 reports Rivera's brother as saying, "My brother really was a very special, special person who was trying to make a change for better in his life. And the opportunity was taken from him drastically, and I just want to make sure that someone takes [responsibility] for what happened that day."
And Con Ed isn't involved in this case - the electrical fixtures are all the school's responsibility. Last week, the DOE told the Daily News that because the fixture was so high (see this picture), the problem wasn't noticed.
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"I just want to make sure that someone takes [responsibility] for what happened that day."
How about your tresspassing dead brother?
Climbing a fence to play some basketball doesn't mean that death was a deserved way for the kid to take responsibility.
Congratulations on being an asshole.
well "REALITY CHECK", climbing a fence to play some basketball also doesn't warrant a lawsuit!
Sad story. I feel for his family. I know they want to blame someone, anyone, but unfortunately their child was careless.
In the Daily News it states he was "one of about 20 youths playing football and hanging out in the locked yard when the incident occurred about 8 p.m."
He should not have been there. If he had not been there, this would not have happened.
If I jump a fence and then trespass on to my neighbors yard and take a dip in their pool and drown, it's my fault. Not theirs.
The DOE provided a reasonable measure of safety by providing a fence. It should have occured to him that this was something he should not be doing, given that he had to scale a fence to get there.
This lawsuit would take Judge Judy about 20 seconds to dismiss.
I'm tired of frivilous lawsuits eating up my tax dollars. Sheesh!
Another case of negligent family members looking to blame someone besides themselves...
And the kid was 17 for goodness sakes--old enough to know better. He had to know climbing the fence into a locked yard was tresspassing and not the smartest thing to do...
Why is every dead brat a "special" person, who wanted to "help people" or whatever. I bet he was a rotten piece of scum. Why don't people ever say "It's too bad he's dead, but he was friggin' ANNOYING!"
$10 million--what a joke. And the taxpayers will pay for this.
Okay, so this kid climbs a fence (which he shouldn’t have) and dies. Was trespassing worth his life? No. Is it worth $10 million? Definitely not!
Is it worth people calling him names like scum and quick to judge teenagers? That’s just plain old stupidity. If trespassing, or underage drinking, or purchasing cigarettes when you’re 16, or any other minor law breaking act warrants a teenager to be a called a scum, then I’m sure we were all scumbags as teens. I know, I know, accountability, blah, blah, blah. He unfairly paid for his crime, so I say: Leave the dead alone!
You folks clearly don't remember the incident of the two grade schoolers who snuck out in the middle of the night and and climbed THREE fences to get into the bear area at the Prospect Park zoo. One was eaten by one of the bears.
The crack-addict mom sued and won enough money to fry her brain several times over. The zoo was closed, then reopened as a children's zoo by the Wildlife Conservation Society.
And no, I'm not making this up.
In any event, while the teen killed bears part of the blame, having electrified fences is a poor practice for a school. If he hadn't died, someone else might have.
I couldn't aagree more with "I see scum people too" his family should leave him alone.
WT- read the article- light (electric-not gas or coal gas, or pixie dust fueled) fixture not fence.
Max, the end result was the same, as a result of the negligence caused by improper maintenance by the school, the fence was electrified. Yes, the kid was trespassing, but the danger was still present, and could have killed someone else under different circumstances. That's the point that all you knee jerk hate filled assholes are missing. And that's why the family has a legitimate claim.
Whatever happened to 17 yr old teens just smoking some weed and maybe a beer in a schoolyard?
If a dog owner can sue for an electrified sidewalk, the kid can sue for this. Eventually someone will get hurt. And, some did.
S- read the freakin post please- the fence was not electricfied. God I hope you people never get to serve on a jury. He touched a light fixture. The light fixture, which I hope I dont need to point out again, runs on electricity, and is on the exterior of the building (open to weather, water, humidity, etc), and was probably broken by kids using it as a step while climbing over the fence, etc etc.
I dunno, looking at the electrical box under the light, looks as safe as your unlocked and exposed light post with all the wires with wire nuts exposed. Add, rain to the mix and it sounds like it's the reason why there are GFI circuits in bathrooms.
I live on the block of the school and knew him personally. None of the kids climbed the fence to get in. I actually saw them playing football while it was still open. They were locked in when the park closed and the staff closed up. It's an open secret that they would later climb out and so no one ever made a big deal out of the trespassing.
>If I jump a fence and then trespass on to my neighbors yard and >take a dip in their pool and drown, it's my fault. Not theirs.
Unless you have your lawyer claim "attractive nuisance."
http://insurance.cch.com/Rupps/attractive-nuisance-doctrine.htm
Do you have no shame? Someone's child was killed due to someone else's negligence. Trespassing in a schoolyard is not a capital offense. Suck on a socket, cold-hearted haters, and grow some compassion. If you're going to rail on someone, then how about whoever had the responsibility to ensure that no one would be electrocuted on that fence. Sheesh!
"Unless you have your lawyer claim "attractive nuisance."
Hence, the giant fence they had to lock people out off hours. If he had not climbed the fence, he would not have died. They took a reasonable standard of care with the fence. (Which was not electrified, for the 1000th time, it was the LIGHTPOST that was that he sadly brushed against.)
Wasn't there an Onion headline, "Stupid Dead Kid Ruins it for Everyone?"
Uniknown to the media, the student in question attended NYC DOE District 75---in a program for kids not known to be nice.
I was his best friend from back when we was kids and ya'll just some assholes that R SOME COLD HARDED ASS MOTHAFUCKAS AND I personally think you all should visit the block for a week.I'm personally in florida but ya'll should see how we feel about it.Pretend your best friend died for once.
First of all u fucking asshole....Gets ur fuckin story straight before u write nonsense... One ur going to fuckin hell... And second the park was locked on them while still in the park.... If that fat lazy bitch wasnt fuckin lazy she would had walk threw the park beforing locking it to make sure theres no kids in there.. Especially when the school yard is big and u cant see the back of it from where the fence is.. Another thing u Fag it doesnt matter if he was a student or not.. He was a student before aND ON TOP OF THAT THERE IS A SIGN THAT SAYS OPEN TO THE COMMUNITY... u freakin idiot we're apart of the community...U must be a stuck up mother fucker that thinks he knows it all so doesnt feel as if u have to do research.. Then u wonder why the world might hate u... WHy is it u were the only one that had to talk bad about this...If u find this threatin in anyway i dont give a fuc do what u gotta do.. But if u have a wife i pray she leaves you.. and if u have kids i pray they'll hate and disown you... I pray the world just lets you suffer and rott... UnTil lucifer or one of those mother fuckers come to get ur ass...