[nagdu] I think this point is importent for cross-posting:Re:[nabs-l] Blind man sues Wienerschnitzel over run-in with tree

[Marion Gwizdala]

Dan,
    It's too bad you didn't get in touch with me or someone else from the 
NFB concerning your law suit. Florida law clearly states that even the 
failure of an individual to carry a white cane or be guided by a guide dog 
shall not be used as a claim of comparitive negligence! Unfortunately, the 
statute of limitations has run out on your case!

Fraternally yours,
Marion



----- Original Message ----- 
From: "Dan Weiner" <dcwein at dcwein.cnc.net>
To: "'NAGDU Mailing List, the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Monday, August 16, 2010 7:05 AM
Subject: Re: [nagdu] I think this point is importent for 
cross-posting:Re:[nabs-l] Blind man sues Wienerschnitzel over run-in with 
tree


> Nicely written post, Marion.
> I've had interesting encounters with branches some quite painful as I'm 
> six
> feet four.
> Though I know that life is a risk and we can't plan for everything, I do
> seem to remember a city official telling me that yes, indeed, public
> walkways are to be kept clear of obstructions.
> Unfortunately the only way of doing so is to point out the violations.
> There's a stretch of a long walk I take in Winter Park, Florida.
> There are whizzing cars on state road 426 on the left, and there was at 
> one
> time a sheer drop on the right to canal, no balustrade, nothing 
> whatsoever.
> I'll admit I was Mr. Milquetoast about it but my Mom called and 
> complained.
> She said that it's not just a question of my passing, anyone who wasn't
> being careful could slip right off the side and take a swim far below.
> I'm glad to say that area has a, don't know what I'd call it, fence now so
> that you couldn't actually slip and fall in.
> The problem was that the sidewalk, also at that precipitous point, makes a
> shirt turn and is narrow, so it's really giving you a few inches margin if
> you, say, stepped to the right.
>
> Point being, sometimes these things are necessary because otherwise no one
> seems to care.
>
> As you know, William, I've respected a lot of your points of view and
> agreed, but can't agree on this.
> Let's be careful how far we go on the question of thinking that people are
> asking for entitlement when they ask for rules to be enforced.
> Here's what it can lead to, sort of:
> I had an accident in 1994 where there was construction and a big hole with
> literally no barrier, no yellow tape, nothing whatsoever.
> I fell in and twisted my ankle, injuring it pretty much for life unless I
> want an operation.
> I tried a civil complaint, but the law firm I was dealing with said that,
> the opposition said that rather than it being negligence, it was 
> negligence
> on the part of my family or whomever to let me "wonder out of the house"
> wander alone as  a blind person.
> Now, sadly to say, back then, the stupid law firm I had signed up with
> claimed that the opposition would win because even my idiot law firm 
> thought
> it was a reasonable argument that I "shouldn't expect the public to baby 
> me
> because of my handicap".
> All right, now I know I should have chucked them, or done something about
> them, but I didn't know that at the time.
>
> And, guys, I'm waiting for some dumb butt to tell me I wasn't using my 
> cane
> properly or whatever when I fell in to the hole, there's always someone 
> who
> thinks they know better, or actually, my dog, since it was during my dog
> days.
>
> More details on request, but enough for now.
>
>
> So, we blind as well as sighted are reasonable in demanding that 
> regulations
> on public safety be enforced.
>
> There are countries I've traveled to where the regs don't exist or no one
> enforces them, and well, that's just life, but we do have them here and I
> see no reason why risk for all shouldn't be minimized.
>
> Cordially,
>
> Dan W. and the Carter Nut
>
>
>
>
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