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(West Virginia Record)   If you get drunk, stick fireworks up your butt and fall off your dormitory balcony, don't sue the college. It's really not their fault you're so stupid   (wvrecord.com ) divider line
    More: Amusing, Louis Helmburg, bottle rockets, Marshall University, causes of action, compensatory damages  
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7570 clicks; posted to Main » on 14 Jun 2013 at 1:13 AM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



Voting Results (Smartest)
View Voting Results: Smartest and Funniest

2013-06-14 01:26:31 AM  
3 votes:
Reading the article can be helpful, people.
2013-06-14 01:22:27 AM  
3 votes:
Hey subby, the guy who is suing is not the guy who was firing bottle rockets out of his ass.
2013-06-14 01:29:54 AM  
2 votes:

JuggleGeek: I'm sure Louis Helmburg III is very happy that for the rest of his life, anyone who googles his name will know he sued his university because he was stupid enough to stick fireworks up his butt.


Only if the googler reads Fark posts that get the story entirely wrong.
2013-06-14 12:45:36 AM  
2 votes:
attempting to shoot bottle rockets out of his anus at a fraternity party

Oh how did I just know frat boys would be involved? Was there butt chugging involved also? Totally NOT GAY.

And ow!, splinters.
2013-06-14 07:47:10 AM  
1 vote:
Subtard has poor reading comprehension skills.
2013-06-14 07:08:57 AM  
1 vote:
Subby cannot read.
2013-06-14 05:50:16 AM  
1 vote:

Mock26: The text of  the lawsuit alleges that the deck was 3-4 feet high; never had a railing; and should have had a railing per local building codes.  That's negligence per se.

http://kevinunderhill.typepad.com/Documents/Pleadings/Bottle%20Rocke t. pdf

Negligence under common law need not rely on building codes.  Frat failed to take reasonable care for invitees' safety by allowing underage drinking and dangerous activities.   "Ultra-hazardous activity" is also claimed, making this a strict liability action. There are no circumstances under which it's reasonable to permit underage drinking or shooting bottle rockets out of anuses.

What the lawsuit alleges and what it actually was might not be the same thing.

As for underage drinking, how does the frat's breaking of that law directly affect him?  The law is one that prohibits an activity (minors drinking), it is not a law that protects others (such as a law against drunk driving).  I seriously doubt the guy has a case against the fraternity for allowing underage drinking.  It really is not a negligent act.  Illegal, yes, but not negligent.  The frat can still be in trouble, but it would have to be the City or the State pressing charges.

And did the fraternity really "permit" this guy to try and shoot a bottle rocket out of his butt?  No.  The guy went ahead and did it.  Someone doing something stupid does not mean that those around him expressly allowed it.  For example, if I am having a party at my house and one of the guests hauls off and punches another I am not responsible for what he did.  I did not "permit" him to throw the punch.  He just did it.  So you cannot really hold the frat responsible for this guy's failed butt rocket.


I live with my mom - ignorance must be feigned credibly.
2013-06-14 05:12:15 AM  
1 vote:

BarkingUnicorn: Mock26: T Baggins: It's probably my skewed American upbringing, but the actual events seem like a reasonable basis for civil lawsuit. The fraternity holding parties on a tall deck with no railings ignored the building statutes, which have very detailed rules about decks to ensure safety.

Maybe the blame should be split, with a mix of responsibility between the plaintiff and defendants, since the plaintiff willingly went out on a deck that lacked a railing, but I don't think that should absolve the defendants of any responsibility.

How tall was the deck, though?  Up to around thirty inches and you do not need a railing. (It varies from area to area but around 30 inches is the norm.)   As for the party, yeah odds are that the frat was breaking the law, but only if they were serving alcohol to minors.  And if that is the case they it has nothing to do with the kid who is suing.  As for the guy with the bottle rocket up his butt, maybe there might be a case against him for reckless endangerment, but who can say for sure?  Going after the school and the frat is just stupid though.  Assuming the deck is low enough that it does not need a railing they did nothing wrong against this kid.  Based on what is written in the story it appears that the kid had an unfortunate accident.  Every time you have an accident you do not have to point the finger looking to blame someone else.  It sounds like he was just trying to make a quick buck.

The text of  the lawsuit alleges that the deck was 3-4 feet high; never had a railing; and should have had a railing per local building codes.  That's negligence per se.

http://kevinunderhill.typepad.com/Documents/Pleadings/Bottle%20Rocke t. pdf

Negligence under common law need not rely on building codes.  Frat failed to take reasonable care for invitees' safety by allowing underage drinking and dangerous activities.   "Ultra-hazardous activity" is also claimed, making this a strict liability action. There are no circumstances under which it's reasonable to permit underage drinking or shooting bottle rockets out of anuses.


What the lawsuit alleges and what it actually was might not be the same thing.

As for underage drinking, how does the frat's breaking of that law directly affect him?  The law is one that prohibits an activity (minors drinking), it is not a law that protects others (such as a law against drunk driving).  I seriously doubt the guy has a case against the fraternity for allowing underage drinking.  It really is not a negligent act.  Illegal, yes, but not negligent.  The frat can still be in trouble, but it would have to be the City or the State pressing charges.

And did the fraternity really "permit" this guy to try and shoot a bottle rocket out of his butt?  No.  The guy went ahead and did it.  Someone doing something stupid does not mean that those around him expressly allowed it.  For example, if I am having a party at my house and one of the guests hauls off and punches another I am not responsible for what he did.  I did not "permit" him to throw the punch.  He just did it.  So you cannot really hold the frat responsible for this guy's failed butt rocket.
2013-06-14 02:16:14 AM  
1 vote:
Is there some rule that gives an automatic green light when subby clearly DNRTFA?
2013-06-14 01:34:16 AM  
1 vote:
Had a guy freshman year fall 1.5 stories from a balcony to his head. He had consumed a couple 30 packs that weekend and was out for a smoke. For whatever reason he decided to jump, his foot caught, and he made the most terrible sound i have heard in my life. Some other drunken idiots wanted to carry him to the medical center, I freaking almost had to clock them for their idiocy. I got someone to get a blanket, someone else to call the ambulance, and made sure he didn't attempt to move his neck if he had woken up (he didn't until several hours after they pumped his stomach at the local ER). He got to spend the rest of the weekend with two very freaked out and angry parents and had to agree to a program in order to stay at the university. I don't think it would have crossed anyone's mind to sue to school...
2013-06-14 01:28:30 AM  
1 vote:
In regards to the lack of a railing, I would like to know how high this deck is.  I am not sure of the exact law in West Virginia but in most states there is a height exemption for railings on decks and porches.  It is usually right around 30 inches, so any deck that is less than 30 inches above the ground does not require a railing.  So, if this deck was higher than 30 inches then he might have a case.
2013-06-14 01:17:52 AM  
1 vote:
Butt trifecta in (ass) play?
2013-06-14 01:16:07 AM  
1 vote:
Turns out there wasn't a railing on the deck and the guy injured was "startled" by the ass rockets. The lack of a railing at a place used mostly for drinking is a little disturbing.
 
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