Bar sued for toilet seat breakdown

[PMedMoe]

Article Link

ALLENTOWN, Pa. - A woman is suing a Pennsylvania sports bar and restaurant, saying she got stuck inside a toilet bowl for 20 minutes after the seat broke.

Kathleen Hewko of New Jersey says she was in the bathroom at Starters Pub near Allentown when the handicapped toilet seat she was sitting on cracked and dumped her into the bowl.

More on link

I don't get it.  Was she handicapped or was it the toilet? 

 

[FoverF]

Well, it's entirely likely that the woman IS in fact physically disabled, which would account for why she was in the handicapped washroom, and why she was unable to help herself up.

If that's the case, I don't really think it's all that funny (I could be wrong though, just sayin'...)

 

[PMedMoe]

My comment was regarding the phrase "handicapped toilet seat" which makes it sound like the toilet seat is disabled, which it obviously was.  I guess there's no really good way to write that.  It just struck me as funny.

I wasn't laughing about the woman's dilemma.  If you cared to check the link, you would have seen that the woman had had hip surgery prior to the incident, so she was indeed "disabled".

 

[geo]

This coulda happened to anyone at any age, in any physical condition AND  in any washroom

I do not see the grounds for a lawsuit.

There are thousands of handicap accessible washroom everywhere - and this person would have gotten stuck there for the same 20 minutes (or more) if it had happened.

Is it only a case that she feels humiliated because it happened ???

 

[FoverF]

the woman had had hip surgery prior to the incident

ahh, I missed that when I scanned the article.

 

[geo]

Ummm.... so she had hip surgery
I don't see how that makes them responsible for the broken seat

If she was fresh outa surgery, she shouldn't have been hanging around in a sports bar
She shoulda been accompanied into the bathroom by her companion - thereby reducing the amount of time she spent in the washroom.

I don't see how she could hold the restaurant liable

 

[PMedMoe]

geo, I think the reference to the hip surgery is to explain why she was using a handicapped toilet.  I also don't see how the bar is responsible.

 

[FoverF]

Well, the BAR isn't responsible in any way, but the manufacturer could be. If it was a toilet seat designed for handicapped patrons (ie, an actual 'handicapped toilet seat'), then they should be able to foresee that 'fragile' people would be using it, and so a failure could be potentially catastrophic. If it was just a regular-joe toilet, then there's no way the manufacturer could expect that a failure would result in someone being hospitalized.

But I'm sure this woman is pissed, and has every right to be. But sometimes things happen that just aren't fair, potenitally putting two businesses out of comission doesn`t make it any more fair.

 

[armyvern]

This coulda happened to anyone at any age, in any physical condition AND  in any washroom

I do not see the grounds for a lawsuit.

There are thousands of handicap accessible washroom everywhere - and this person would have gotten stuck there for the same 20 minutes (or more) if it had happened.

Is it only a case that she feels humiliated because it happened ???

Hmmm,

Or perhaps the handicapped washroom in said sports bar wasn't equipped with one of those "assistance bars" that you would normally find on the washroom wall (or bath tub wall etc) for handicapped persons? Ergo the suing of both the sports bar and the manufacturer of the "obviously handicapped" seat that broke?

Hell, I've been in handicapped washrooms (just to peek - not to use!!) that have had "ring for assistance" buzzers located right down near the TP holder so that those who required assistance could get it if they needed it.

I don't know, but from some one who has a grandmother who fell down and broke her hip .. and layed there in excruiating pain on the bedroom floor for 7 hours until my grandfather returned from work to find her there because she couldn't grasp anything to help her get up or reach the phone ...

It's a situation that's got to suck; and I'm glad this lady didn't have to wait the same amoun of time for help.

Embarassment my ass. Fn painful though is quite another matter ... especially if you're stuck there and in that pain any longer than reasonably necessary due to faulty manufacturing and lack of proper accoutrements afixed onto the walls to assist.

 

[armyvern]

Well, the BAR isn't responsible in any way, but the manufacturer could be. See my last - you know this how??

If it was a toilet seat designed for handicapped patrons (ie, an actual 'handicapped toilet seat'), then they should be able to foresee that 'fragile' people would be using it, and so a failure could be potentially catastrophic. If it was just a regular-joe toilet, then there's no way the manufacturer could expect that a failure would result in someone being hospitalized.

But I'm sure this woman is pissed, and has every right to be. But sometimes things happen that just aren't fair, potenitally putting two businesses out of comission doesn`t make it any more fair.

As for the rest of it - get this ...

NO toilet seat should break when someone sits on it. Handicapped or not. It wouldn't have mattered to the manufacturer's liability in any way, shape or form. Even if it had happened in a "normal" ( :) washroom - even a "normal" toilet seat that broke when a non-disabed person sat on it which sent them into the loo and resulted in a broken hip would find the maker having their own healthy butts sued off. It's America. It's allowed.

 

[the_girlfirend]

I would have to be in serious need or pain to sit on a toilet seat in a bar...  :-X
Poor woman if she was stuck in there for 20 minutes, when I hear stories like that I always think that it could have happened to my mother or grand mother...

I think that the owner could be held responsible if the seat was cracked and he neglected to change it... but it is hard to prove.
I personally would not sue anyone for that.  America... ooh America...

 

[X Royal]

I don't know, but from some one who has a grandmother who fell down and broke her hip .. and layed there in excruiating pain on the bedroom floor for 7 hours until my grandfather returned from work to find her there because she couldn't grasp anything to help her get up or reach the phone ...
It's a situation that's got to suck; and I'm glad this lady didn't have to wait the same amoun of time for help.

Vern to get off topic, it is quite possible that your grandmother didn't fall down and break her hip but her hip broke first which caused her to fall down. This is far more common than most think with older females.

Rick

 

[armyvern]

Vern to get off topic, it is quite possible that your grandmother didn't fall down and break her hip but her hip broke first which caused her to fall down. This is far more common than most think with older females.

Rick

She slipped on her ... slipper apparently; ironic that.