Here are the facts thus far... New York City manhole cover missing after being removed by city workers flushing an open sewer. The workers took off the cover and THEN went to the truck to get orange warning cones. Girl walks down sidewalk while texting with Blackberry. Girl falls in hole and miraculously sustains minor injuries. Parents of girl considering lawsuit.
Is there any question who is at fault here? Just because the girl is texting, an activity which has become the latest bugaboo in our society, some would place the blame on her. She could have been doing any number of things like daydreaming, talking with a friend walking beside her, or admiring the leaves on the trees above, and still fall into a hole in the sidewalk that should not have been left unattended or left without orange warning cones. This is not the same as walking out in front of traffic while being zoned out in texting mode, nor is it like crashing a vehicle while texting and driving. The city workers have a responsibility not to leave things in a condition that could harm the public. Leaving the open hole unattended could have been easily avoided. What if a small child had wandered out to the sidewalk?
I am sure you have your own opinions on this, and you are welcome to click on comments below and share them... I will apologize now for my headline.
(hat tip to Chicago Ray who is taking the other side in a rare disagreement)