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Last night, during the Mets-Cardinals game, a Cards fan fell 25 feet from an escalator at Shea Stadium. The Post reports that Justin Larson, 26, is in critical condition at New York Hospital Queens, with "broken ribs, bruising on the brain, and a collapsed lung."
A source told the Daily News Larson was "attempting to slide down a bannister in the D section" when he fell around 10 p.m. A friend of Larson's said to the Post, "We were just goofing off, having fun... Justin hops onto the escalator that was broken. He got stuck near the top and he fell backwards...and slammed his head on the concrete." A driver outside the stadium who heard the fall told the News, "It was a terrible sound. I never want to hear that again."
The escalators are turned off during the 7th inning (last night's game went into extra innings, ending well after midnight) and fans are asked to exit Shea via the ramps. And earlier this year, a man fell to his death from the escalators at Shea.
Photograph of Shea Stadium escalator from the Bridge & Tunnel Club
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So a dumb drunk redneck tourist from Missouri acted like a jackass and got hurt? That's it?
Missouri? Probably Williamsburg.
Same thing I guess.
Well he is in Queens Hospital so he is as good as dead now.
Once I got stuck on an escalator. It took them hours to rescue me.
Barb, you messed it up. When people read that, they'll think your shoelace was jammed in the teeth or something. You're supposed to say "I was once an an escalator that got stuck and froze" instead of saying that YOU got stuck.
Way to fuck up a potentially good joke, assmunch. ;)
I'm sure he'll find some way to place blame on the Mets and file a lawsuit.
goofing off? nice defense.
Clearly the Mets were negligent here. If they were up by 10, this fan would have left in the 6th, when the escalators would still be working.
It was a known dangerous condition (as someone has fallen before), so the fan, as a paying customer, is an invitee. Although NY has done away with the classifications of people to determine the duty of landowners, the classifications help determine the amount of duty owed by a landowner, and foreseeability. Here, the Mets had a duty to protect invitees of known or reasonably knowable dangerous conditions, they breached that duty by not fixing the escalator or making access to the escalators difficult, jackass Cardinal fan was a foreseeable plaintiff because someone has fallen in the past, and there were damages. Therefore, the Mets are liable.
(Sorry, practicing for the Bar Exam.)
I've always hated those escalators at Shea. Very dangerous design, goofing off or not.
How are they any different from one in a mall?
There's nothing on either side, no barriers. Just open air. Just looking at that picture can give you vertigo.
Those escalators are not dangerous. You might as well say any exposed high place is dangerous, be they balconies, stairs, even those ramps next to the escalators. It's almost impossible to fall over the sides if you're using them the way they were designed to be used. There's acrophobia and then there's just plain lunacy.
"the duty of landowners"
The Mets aren't the landowners, which is why it's officially called William A. Shea MUNICIPAL Stadium.
So your discussion is leaving out the name of one of your potential plaintiffs, one with big pockets: the City of New York.
enough of this!
build a new stadium! now!
..oh..um...sorry.
Tall buildings are a known dangerous condition. People have jumped off them before.
Isn't any negligence claim null and void when the person who is injured uses the escalator IN THE WRONG WAY it was not intended? Is there supposed to be a stuntman pad under everything in case someone wants to slide down the bannister? (Aren't they rubber? Not very slide-able)
Regardless of intent, the act that caused the victim harm would have to be foreseeable, regardless of whether it was being used improperly. With one man having died the same exact way some months ago, this guy might actually have a case.
That's an awful accident.
I guess what they really need is reminders not to goof off on the escalators. Announcements should be made.
At Macy's, during the Christmas shopping frenzy, there's employees at the bottom and tops of all the old escalators telling people how to ride them! Seriously!
I guess that's what we've come to. People are just raised to be dumb, pleasure-seeking sheep, and nobody tells them how to comport themselves in public on the sidewalks, on the escalators, etc. We're a nation of children, of which the nanny nation mentality is just one symptom.
You realize that in places like France, they do stuff like WAX the wooden stairwells of private buildings to a high gloss shine? And it's on you to walk up and down them carefully. They've never heard of anyone suing for negligence. They just say, hey, what's the matter with you? Who told you to run down waxy stairs? Didn't your mother teach you how to behave in the world? So, I learned how not to run down waxed stairs, because I had no choice.
:)
It's different out there!
[17] I can foresee somebody climbing on the rail of a balcony just to goof off. If he falls, should we glass in every balcony on the face of the planet? If you wall in the escalators, what's to keep the next moron trying to slide down from tumbling down the steps and breaking his neck?
Anything can be misused. Any intelligent person can imagine thousands of ways to injure oneself during that misuse. The only way to keep idiots from ever hurting themselves would be to kill them. There's no other way. We could spend every last penny ever earned and every second of our lives and still not idiot-proof the world. Never underestimate the power of human stupidity.
"I once tripped on an escalator. I fell down the stairs for an hour and a half."
- D. Martin
#9, not a good analysis. You're forgetting about contributory negligence and assumption of risk. If in fact the Cards fan did attempt to slide down the railing, as noted in the story, then there is no issue of invitees or dangerous conditions -- assmunch slid down and assumed the risk of injury.
Get out your damn Convisor and look it up.
signed,
a practicing attorney who has already passed the bar
spiritof76 have you ever ridden the escalator at Shea from the Mezzanine to the Upper Deck? Do it and tell me it isn't a poor design, someone could easily trip and knock another person over.
"Hey guys watch this! Betcha I'll beat you to the bar down the street."
holyfrijole, NY is a pure comparative negligence state. Assmunch's damages will be lessened by his percentage of fault, but he will not be barred from bringing suit -- which is the harsh result of traditional contributory negligence.
Where on court street do you practice?
GOP, yes, NY is a pure comparative negligence state, but when assumption of risk is taken into account (assmunch attempts to go down rail of escalator rather than walk down escalator or ride down escalator), he gets nothing since there was no breach of the duty of care. Just because one sues in a pure comparative negligence state doesn't mean they walk away with the prize. That's the problem with law students, they repeatedly fail to look at the real life analysis -- what will actually happen in a courtroom. Actually, if assmunch does sue, they'll probably settle and he'll get a lifetime supply of Mets foam fingers.
Such hubris from a baby law school graduate! You still have a long way to go before you can call yourself Esq. Hope you fail the bar, dickwad.
They'll probably write the stupid clown a nuissance settlement check anyway. Why prolong this garbage?
Have they always turned off the escalators in the 7th inning? What is the rationale for that?
Escalators feed a large amount of people to the floors they are serving. If those people do not disperse rapidly (which will occur at the end of a game) then there is a back up of people coming off the escalators causing a serious problem for those people continuously feeding off the elevator causing a BIG problem on the escalator. Unlike stairs which you can just stop and wait, the escalators extrude people at a constant rate causing many spectators to die.
Aha. Thanks!