I can't read the first article, but judging from the second:
> The sidewalk is “perennially covered in water and algae,” according to the complaint. Other Queen Anne residents testified in court that they had also fallen at this location.
It reads to me like the sidewalk was a public danger, the building owners were under the hook to maintain it but never cared, until literally getting sued.
A summer camp run by the city government left a group of 9 teenagers "unsupervised" next to a lake. I feel safe in saying that a lake cannot constitute a public nuisance.
DJ McCutcheon, one of those teenagers, "was underwater for about six minutes before bystanders rescued him" [after which he subsequently died], strongly suggesting that he was unsupervised in only the most technical sense.
I would have to agree with WalterBright that Steilacoom didn't do anything unreasonable here. The idea that 13-year-olds can't be trusted not to kill themselves if left - not even alone, but away from an adult who is officially responsible for keeping them alive - for six minutes,† is completely absurd.
The legal trouble appears to have arisen mostly from the fact that leaving the group of teens "unsupervised" violated a formal written policy of the camp, not from the non-fact that it involved some kind of wrongdoing or recklessness.
† They were left for much longer than six minutes, but since 100% of the problem occurred within a six-minute window, a standard that aimed to solve the problem would require smaller periods of "unsupervision" than that.
Thanks, so the town was sued for managing a summer camp where the supervisor couldn't supervise the kids, and it was a structural problem (if was alone peddling 12 kids)
> so the town was sued for managing a summer camp where the supervisor couldn't supervise the kids
Only in the same sense that if one of them had slipped in the shower, hit his head, and died as a result, that would have been equally the fault of the town for not adequately supervising the showers?
If they were supposed to watch after the kids in the shower, well yes.
There was an incident a few months ago about a school van: one of the kids at the rear of the van slept or didn't step out for whatever reason, the driver didn't count the kids and shut the van and went away. The kid was too small and too weak to properly ask for help when it realized it couldn't get out, and died in the bus.
This would be a completely random incident, with no one at fault, if it wasn't for the explicit responsibility of the driver to get the kids out of the bus.
A family wouldn't have the same responsibility, a parent bringing their kids and friend to some game and making the same kind of mistake might also not be at fault. Being a professional with a written explicit responsibility to watch after the kids makes it a different matter.
PS: in the case of the article, I assume there must be a law about not leaving the kids unattended outside in the first place, with a minimum ratio (x adult supervisor for y kids), whatever the circumstances, body of water or not.
> PS: in the case of the article, I assume there must be a law about not leaving the kids unattended outside in the first place, with a minimum ratio (x adult supervisor for y kids), whatever the circumstances, body of water or not.
...that is definitely false, and a truly wild assumption. Why would you believe that?
13-year-olds wander around towns unattended all the time.
I get the feeling that people would react differently if it was related to cars.
For instance a plane of rolling rocks right in a corner that would screw with tire grip and have several cars fall into the valley because of it. Would you see it as an issue with drivers not being skilled enough to keep control under adverse conditions ? Or request the maintainer of the road to do its job and fix it ?
There was an incident where a driver drove through a barrier and onto a bridge that was out, and crashed. Google maps directed him across the bridge.
Who was at fault there?
A basic tenet of driving is you should be looking where you're going.
That said, streets should be made reasonably safe because there are always drivers who don't pay attention. But that doesn't mean we should pay those negligent drivers.
As for the sidewalk, the city should have forced a fix for it. That's a separate issue from paying the stepper.
> The sidewalk is “perennially covered in water and algae,” according to the complaint. Other Queen Anne residents testified in court that they had also fallen at this location.
It reads to me like the sidewalk was a public danger, the building owners were under the hook to maintain it but never cared, until literally getting sued.
What am I missing ?