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(Guardian)   The Kenyan who slipped and fell on the Chicago Marathon finishing line takes the first step towards US citizenship: he's suing   ( divider line
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15809 clicks; posted to Main » on 03 May 2007 at 9:33 AM (11 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»

98 Comments     (+0 »)

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2007-05-03 10:18:44 AM  
Don't feed tomstdenis. He is a farking racist.
2007-05-03 10:19:18 AM  

Looks like just him. The people right behind him saw him bust his skull and were likely extra careful on the advertising rink they had set up. After his fall, they quickly removed the offending surface. At least, that's what I saw.

If there's one thing farkers hate more than frivolous lawsuits (which I don't think this is), it's gratuitous advertising.
2007-05-03 10:20:24 AM  
You get money for falling down in Chicago?

Dear City Of Chicago,

I have fallen on your streets numerous times. The resulting injuries have rendered me completely unable to take responsibility for my own actions. I demand that you compensate me no less than $45 million for my ineptitude.

/Then I'll sue the fark out of gravity for making me fall so hard.
2007-05-03 10:22:07 AM  
can i just say i really liked this headline

+1 subby
2007-05-03 10:22:19 AM  
TheGreyPiper: /Is this the right room for an argument?

Certainly sir. Have you been here before?
2007-05-03 10:28:27 AM  
I'd say he won't win. The waver signed before the race will protect the city. I know wavers don't protect gross negligence; however I don't see how one could say that is the case since the next guy didn't fall.
2007-05-03 10:29:13 AM  

Oooo! That gave me an idea. The next time they run the event, they should put out traps, like collapsible manhole covers, snare traps, electrified grating, maybe coat a section of track with vegetable oil or something. I'm sure they could use a better TV audience and that'd be just the thing. Don't tell the runners either, it'd ruin the surprised looks that can be replayed over and over.

And the ad revenue! Mountain Dew, or whatever the devil is "Xtreme" to those goldarned kids these days would sponsor it in a heartbeat. With that waiver we could create an entirely new sport. If course I doubt if very many people would sign it the next year, but there'll always be a hardcore few that would.

/$$$ baby!
2007-05-03 10:34:28 AM  
Thanks, Sharch, for posting the video. The article made it sound completely ridiculous but after watching the video it seems pretty clear that it was a preventable accident.

As for the waiver, I'm not a lawyer but there must be some sort of exception for situations that were clearly preventable and a result of negligence.
2007-05-03 10:35:47 AM  
I have a neighbor who boils skulls. Might be able to help this dude with those headaches.
2007-05-03 10:37:28 AM  
If Starvin' Marvin actually ate a decent meal every so often, maybe he wouldn't be having all these headaches.

Sadly, he may have a case.

/If he wins, deny his Visa and/orPassport
2007-05-03 10:41:52 AM  
Did he win the marathon?
2007-05-03 10:42:18 AM  

An exculpatory contract does not relieve them of being negligent.
2007-05-03 10:43:46 AM  
i66.photobucket.comView Full Size
2007-05-03 10:52:39 AM  
As a former race organizer (blah, blah, blah)...

(Actually, I have managed races from 5K's to half-marathons, and) I know that legally those waivers aren't worth the paper they're printed on. The race organizers should have known better than put those ads out on the running surface, especially considering it had rained all morning.

He definitely has a case.
2007-05-03 10:54:35 AM  
This is the liberal Utopia. Sue anytime you are unhappy. It's only tax payer money. It's not like you're hurting anyone. They'll tax more.
2007-05-03 10:59:21 AM  
And the best part is, because he's not a citizen, its not even his tax money! Win-Win!
2007-05-03 11:00:27 AM  
This is the liberal Utopia. Sue anytime you are unhappy.

*pats head* Here's some troll treats, go on and play with your friends now.

The race organizers clearly put everyone in harm's way when they put a huge slippery logo right at the end of the race. They even realized they boned up, cause half the workers rush to aid him and the other half rush to rip off the logo. I hate frivolous lawsuits, but I hope this guy takes em to the cleaners.
2007-05-03 11:02:22 AM  
Having run the Chicago Marathon 3 years in a row now I am sure getting a kick out of these reply.

In all honesty, those mats are put out every year. They are made specfically *not* to be slick. Race organizers aren't that stupid. Last I heard the theory was just that some stray oil had gotten over the mat.

There are many more hazardous surfaces during that race (And in any race for that matter.) Countless people fall crossing the grated bridges in Chicago every year. Many of those end up with significant cuts and bruises.

I do not know if he will win if it goes to trial. However, I am sure the organizers will settle with him for some smallish amount to keep one of the premier atheletes in the world happy.
2007-05-03 11:03:39 AM  
Having a heart attack, becoming dehydrated, getting shin splints...for crissakes - getting a damn blister. They're all preventable as well in this case - by NOT RUNNING IN THE MARATHON.

You assume a lot of risk to your health and body by taking on this challenge. Running on wet pavement causes slippage.

He'll get over it.

/still must have sucked butt
2007-05-03 11:08:09 AM  
Is suing the Chicago Marathon considered "playing the race card"?

/Thank you, I'll be here all week
2007-05-03 11:09:47 AM  
Pay the medical bills and be done with it. he can still run, he can still do his job.
2007-05-03 11:10:33 AM  
PablitoRun: Having run the Chicago Marathon 3 years in a row now I am sure getting a kick out of these reply.

You think you're getting a kick out of these replies, I'm the slippery mat at the finish line!
2007-05-03 11:16:30 AM  
bakkasan, that was hilarious.

It seems tradjik has won the thread.

/game over, man
2007-05-03 11:16:54 AM  
Piss on him.
2007-05-03 11:16:59 AM  

The real question is...did they remove the mat after he slipped on it and cracked his head open?

If so, seems like they concede right there that the mat caused it and they're paying him some dough. Although, if he didn't slow down and relax so much at the end, he probably wouldn't have slipped. All his weight was behind his foot, instead of over top of it. Add in the slippery surface and you're a fark legend.

/Sure as Kilimanjaro rises like Olympus above the Serengeti
//I bless the rains down in Africa
///I also cringed when I saw that...ouch
2007-05-03 11:25:45 AM  
I'm a slippery Kenyan with a law I'm *really* getting a kick out of these replies.
2007-05-03 11:32:17 AM  
Did someone say
[image from too old to be available]???

2007-05-03 11:33:33 AM  

Before this year's Boston Marathon they did a piece on Cheruiyot showing him falling at the finish line of last year's Boston Marathon, and he was inspecting this year's finish line.

I could have sworn the fall he took in that piece was in Boston. Any Boston area farkers remember this? If this is the case, is the BAA gonna get it too?

It was a pretty bad fall, right on the back of his noggin.
2007-05-03 11:33:40 AM  
Ha-ha! That's no worse than anything they show on America's Funniest Videos.
2007-05-03 11:36:41 AM  
Then again, Google is my friend. It WAS in Chicago and he was just inspecting Boston's finish line.

/never mind
2007-05-03 11:49:11 AM  
When they show the slow motion replay around the 1 minute mark, you can literally see him slide on that advertisement. Its not like tripped on something he should have seen and avoided.

I too thought this was a frivolous law suit until I saw the video. He might have a case, especially when you see how quickly they move to get those advertisements off the ground.
2007-05-03 12:06:09 PM  
tradjik et al:

Don't know about IL law specifically, but you typically can't assume unknown risks. It doesn't really make sense when you think about it.

2007-05-03 12:07:32 PM  
Marathoners are just skeletons with the power to walk around anyway. I'm surprised he didn't crack into a million pieces like the liquid terminator.
2007-05-03 12:50:48 PM  
The two runners behind him didn't seem to have any problem.
2007-05-03 12:52:51 PM  
After watchin the video it's clear to me that he did not slip and fall. He was just topo weak after all that running to break the banner and it knocked him on his ass.
2007-05-03 01:11:24 PM  
As part of the settlement Chicago will now be known as New Mombasa.
2007-05-03 01:20:45 PM  
tradjik: and/or slippery surfaces

That would be in reference to street and other pavement surfaces in there as is condition. Not altered by race organizers condition.

loraxxarol: Running on wet pavement causes slippage.

That's the thing, what he slipped on was something placed intentionally on the pavement, not the pavement itself.
2007-05-03 01:29:58 PM  
idrow: Did any of the other runners slip and fall? Can't watch the vid at work.

I doubt it, because in the background of the video, while the runner is recieving treatment on the floor, you can see officials ripping up the adverts in question.
2007-05-03 01:31:41 PM  
He wouldn't have fallen if he had followed course directions and run all the way to the gate, but no he had to slow down and show boat. Had he kept running and slipped he would have done the splits or wiped out forward, instead he tried to stop so he could pose.

That being said the promoters are idiots for putting anything slick down on the course finish line or not. I was hit by the course/pace setter, who was on a bicycle during a 5k. At the turn she cut the corner too wide hit a curb and before she could regain her balance she crossed in to my path and hit me.
2007-05-03 03:00:11 PM  
"Mr. Kenyan - Did you slip on that surface?"
"Yes sir"
"Were you tired at the time?"
"Yes sir"
"From running a marathon?"
"Yes sir"
"Which you chose to run?"
"Yes sir"
"Would you have slipped had you not been tired, and running?"
"No sir"
"That will teach you to run and be tired. No money for you"
2007-05-03 03:02:14 PM  
He slowed down because instead of a ribbon, they wanted him to cross a huge banner at the finish line (more advertisements). It is normal to slow down!
2007-05-03 03:33:32 PM  
Meh...It's his fault. Just have some administration flunky put his name on the do not fly list and it will go away in a couple of months....
2007-05-03 03:49:57 PM  
FYI, the Kenyan wasn't the only runner who slipped on the finish line that day. Here in Chicago, the news showed several other runners (like 3-5) who slipped and/or fell. It was a pretty stupid move on the organizers.

Organizers: 'Hey these runners just ran 26 miles strait and are probably doing their best just to stay upright as they cross the finish line. Lets put down a SLIP-N-SLIDE!!!'

/still hurts to watch.
2007-05-03 03:56:12 PM  
Also, from the video, I didn't see anyone pulling up the sign. At the end, as runners are crossing, it looks like it is still there.
2007-05-03 04:18:44 PM  
In the old days they made the finish line advertising out of glass or nice smooth fiberglass. What were they thinking changing it to cheap waxed paper?!?
2007-05-03 05:16:19 PM  
I'd heard about this, first time I've seen the clip. I LOL'd!

I am not a lawyer, but those waivers they make you sign cover pretty much anything. Hell, if they planted land mines at random spots on the course, you've probably released them from liability for that.

/I do actually run marathons.
//Not 2:07 marathons, though!
2007-05-03 06:50:09 PM  
First off, nowhere in the article does it say that he is taking it to court. It looks like he is trying to get some compensation without resorting to that. Good for him. But if he takes it to court, he should lose. He has run countless races in all conditions including ones with advertising on the finish lines. He should be aware of the hazards. Clearly he fell as a result of slowing down at the finish as much as the rain. I would guess the courts would decide on a percentage of responsibility and make the organizers pay accordingly. The other thing to remember is that the organizers are insured for this sort of thing and the insurance company would make the payout. Actually the race organizers will likely be pulling for him to get a decent settlement to entice him to continue to come.

/race organizer
/kick out of these replies,etc.
2007-05-04 04:55:38 AM  

You see them grabbing up the slick ads after the runner falls, about 34 seconds into the video link Sharch posted.
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