Bouchard wins her lawsuit against the USTA, seeking millions in damages.

[Nashvegas]

I'm against many lawsuits but this one is totally fair. The match was going on and ended late, no fault of the players. After the match the players go through their cool down and training period and the facilities must remain accessible until that period ends.

The cleaning crew obviously stayed on their normal schedule even though the matches were late. Someone dropped the ball that runs those facilities. She slipped and fell onto a cleaning chemical. I owned a chemical company that made janitorial supplies for 28 years. Most are very slippery and very nasty, containing alkalies and aggressive solvents.

Open and shut case. The appeals process will adjust the amount of the payment down, but the actual guilty verdict is 100% correct.

Given the backdrop of “frivolous”, “egregious”, “your adjective here” lawsuits that we’re used to hearing about, it’s easy to be inclined to put this one into that category at first glance. Just another careless person looking for deep pockets to dip into. But as you laid it out above, she certainly had a case. I think if this happened to any of us we’d expect accountability.

This case is a reminder of the harm the frivolous cases cause. They predispose us to deligitimize cases with merit.

 

[Bartelby]

Many cases are written up as frivolous because vested interests don't want to get sued, so they lobby governments to make it harder by stripping away rights.

Given the backdrop of “frivolous”, “egregious”, “your adjective here” lawsuits that we’re used to hearing about, it’s easy to be inclined to put this one into that category at first glance. Just another careless person looking for deep pockets to dip into. But as you laid it out above, she certainly had a case. I think if this happened to any of us we’d expect accountability.

This case is a reminder of the harm the frivolous cases cause. They predispose us to deligitimize cases with merit.

 

[Nashvegas]

Many cases are written up as frivolous because vested interests don't want to get sued, so they lobby governments to make it harder by stripping away rights.

And many are just... frivolous.

 

[Bartelby]

Some may have been but that was some time ago. The laws have already changed.

The McDonalds case was anything but frivolous, but that's what people still claim here.

Half the people around here think Bouchard's case is frivolous and even girly.

It's obviously a political thing to want to strip back rights so a lot of cases get reported as frivolous.

Did you have specific cases in mind?

And many are just... frivolous.

 

[Nashvegas]

In my industry the lawsuits come fast and furious by enterprising law firms. A high percentage of the suits are losers, often dismissed upon motion. They are going where the money is hoping one of these cases will stick.

 

[Bartelby]

The American legal system has various pathologies applicable only to it. These go far beyond frivolous tort cases.

In my industry the lawsuits come fast and furious by enterprising law firms. A high percentage of the suits are losers, often dismissed upon motion. They are going where the money is hoping one of these cases will stick.

 

[ACE of Hearts]

She has over 5 million in career earnings but her career pretty much sucks. Never liked her or her game.

 

[FiReFTW]

Why are people obsessed with this chick, she doesn't rly care about tennis, just a means to an end, and her major care is $$$$$, she just wants to be rich and have an easy life.

 

[Nashvegas]

The American legal system has various pathologies applicable only to it. These go far beyond frivolous tort cases.

Yes it does. I wouldn’t discount the frivolity though as part of the mix.

 

[RVAtennisaddict]

I am sure that she is not alone in having a fall/slip in a locker room, especially around showers and bathrooms. I am also sure that the player areas at us open are likely better maintained/facilities/controlled access than saw challenger events or 250 events. And if you expand it to all other sports, I am more confident that this happens and not as a rare event. Heck I saw guys slip in locker rooms while I was playing college football. But when I search for similar cases/lawsuits all I can find is stuff about women reporters getting into men’s locker rooms and this case. I am sure there are some other lawsuits out there, but there are not many compared to the number of events.

For example: There are 3000 people competing in Winter Olympics. The one downhill skier hit a drill left on the course, no lawsuits yet but I am sure there have been other issues and falls because of life. I guess we will have to wait to see if there are lawsuits, but they seem really rare.

It makes this case stand out.

 

[Tshooter]

...lastly, what did they put on the floor that would hurt your feet that much?

I was curious too.

It was reported by this account of the trial to be “Oasis 299”:

https://deadspin.com/jury-finds-usta-liable-for-eugenie-bouchards-slip-and-f-1823246401

Safety Data Sheet for Oasis 299:

http://www.hpproducts.com/msds/140932.pdf

“Causes severe skin burns and eye damage”

I was curious if it smelled so as to possibly alert someone entering that the locker room had recently been cleaned. It says odor is “sweet.” I’m guessing because it contains citric acid.

It is most definitely not a substance you want on your body:

https://www3.epa.gov/pesticides/chem_search/ppls/001677-00100-20100121.pdf

 

[Bartelby]

Three thousands competing and only three doping. What a wonder WADA is to be so effective!

I am sure that she is not alone in having a fall/slip in a locker room, especially around showers and bathrooms. I am also sure that the player areas at us open are likely better maintained/facilities/controlled access than saw challenger events or 250 events. And if you expand it to all other sports, I am more confident that this happens and not as a rare event. Heck I saw guys slip in locker rooms while I was playing college football. But when I search for similar cases/lawsuits all I can find is stuff about women reporters getting into men’s locker rooms and this case. I am sure there are some other lawsuits out there, but there are not many compared to the number of events.

For example: There are 3000 people competing in Winter Olympics. The one downhill skier hit a drill left on the course, no lawsuits yet but I am sure there have been other issues and falls because of life. I guess we will have to wait to see if there are lawsuits, but they seem really rare.

It makes this case stand out.

 

[Chadillac]

I am sure that she is not alone in having a fall/slip in a locker room, especially around showers and bathrooms. I am also sure that the player areas at us open are likely better maintained/facilities/controlled access than saw challenger events or 250 events. And if you expand it to all other sports, I am more confident that this happens and not as a rare event. Heck I saw guys slip in locker rooms while I was playing college football. But when I search for similar cases/lawsuits all I can find is stuff about women reporters getting into men’s locker rooms and this case. I am sure there are some other lawsuits out there, but there are not many compared to the number of events.

For example: There are 3000 people competing in Winter Olympics. The one downhill skier hit a drill left on the course, no lawsuits yet but I am sure there have been other issues and falls because of life. I guess we will have to wait to see if there are lawsuits, but they seem really rare.

It makes this case stand out.

Thats not how things work, getting hurt during competition = no lawsuit. Like Goffin last year when he broke his ankle at the french, it was their fault but happened on the court. I think its a built in waver to becoming a member.

 

[Bartelby]

That it happens in competition is not necessarily an obstacle to a lawsuit, but it does make it more difficult.

For a start, you are voluntarily assuming more risk of injury when playing.

And you've got to work out the risk/reward ratio of suing in that jurisdiction compared to getting well and competing again.

If the incident finished his career for a year or two, he might have acted differently.

Thats not how things work, getting hurt during competition = no lawsuit. Like Goffin last year when he broke his ankle at the french, it was their fault but happened on the court. I think its a built in waver to becoming a member.

 

[Chadillac]

That it happens in competition is not necessarily an obstacle to a lawsuit, but it does make it more difficult.

For a start, you are voluntarily assuming more risk of injury when playing.

And you've got to work out the risk/reward ratio of suing in that jurisdiction compared to getting well and competing again.

If the incident finished his career for a year or two, he might have acted differently.

Nope, no liability on court/field for professionals.

Normal people can sue if they trip on a raised line or something else.

 

[Bartelby]

So a bulldozer could roll onto centre court Wimbledon and they are not at fault?

Think again.

If it's a part of the ordinary furniture of the court, then no, so Goffin would have to show that what he tripped on should not have been there.

Nope, no liability on court/field for professionals.

Normal people can sue if they trip on a raised line or something else.

 

[Rafa's OCD]

incredibly overrated, one-trick pony of a tennis player found a way to cash in; good for her. it sure as hell wasn't going to happen on a tennis court.

 

[Sudacafan]

This thread is gold. The poll is exactly 50/50 by now.

 

[Bartelby]

Fifty percent are right and fifty percent are nasty.

It's amazing in what contempt people hold the law when the outcome doesn't suit them ... and this is a case that involves no politics!

 

[qindarka]

Fifty percent are right and fifty percent are nasty.

It's amazing in what contempt people hold the law when the outcome doesn't suit them ... and this is a case that involves no politics!

You'd think Bouchard was taking money from them the way people are talking about her and this case...

 

[qindarka]

Edit: Double post.

 

[MLRoy]

“I screamed, ‘Oh my God, it burns!” she told jurors of feeling the chemicals against her bare back.

How do people even buy this garbage? Two second look at her instagram account from the time shows this to be ridiculous but it probably was not allowed in this case.

Give her whatever the medical expenses are plus a McDonalds big mac.

USTA will appeal whatever it is if its more than that and surely have it lowered.

My guess is she felt the water on her back and screamed, "LOOK WHAT YOU'VE DONE! I'M MMMELTING..."

Most of those jurors probably never heard of her before. They see a young, pretty blonde crying... forgettaboutit. Imagine, slipping on water in the shower/locker room?! Actually, what is she suing for, burns on her back? If that's what she said, she wasn't knocked unconscious. Her brain was obviously working well -- for her. I'd have felt embarrassed for being so clumsy.

 

[MLRoy]

You'd think Bouchard was taking money from them the way people are talking about her and this case...

If you were wealthy, and she slipped in your bathroom and got hurt, you think she wouldn't sue you?! I think a lot of people have a lot of contempt for her for many reasons. Someone who doesn't need the money, who had the kind of accident many people have -- slipping and falling in a wet locker room/bathroom/shower -- but sooo seriously injured she's seeing triple, or what ever she claims... It's possible, but I'm just not buying it. Not from a healthy, coordinated athlete. I don't think of her as an honorable person. And, no, I don't know her personally. Doesn't mean she's honorable, either. I think of her as a clumsy girl who saw a way to turn a lemon into lemonade.

 

[Deon Sanders]

If the USTA does not want to provide clean and safe bathrooms and locker rooms they can shut them all down and see how many players and spectators turn up for the event.

There is a simple answer since Genie is unable to navigate the bathrooms like everyone else was able to. It will save her future mental and physical suffering the likes of which we have never seen and save the USTA from lawsuits.

The USTA should ban her from the premises of all of their events and facilities. Trespassing if found on the grounds for any reason.

That includes the US Open, Cincinnati, Connecticut, and a significant chunk of lower level events she will soon need due to poor play.

The USTA could pull their weight in tennis to pressure IMG to do the same which adds Miami, San Jose (the old Stanford tournament), and Sydney to the list as well as their facilities in Florida and around the world.

 

[Fedinkum]

If I trip and break my head in the street, who’s liable?

In australia, if you trip on a public pavement, potentially you can sue our local council. Compensation lawyers thrive on these madness.

I personally think it is important that injured party should receive compensation to assist real personal injury recovery but often, bulk portion of the money goes to lawyers or to a greedy individual and create a bad culture of insurance madness.

 

[Tennis_Hands]

In australia, if you trip on a public pavement, potentially you can sue our local council. Compensation lawyers thrive on these madness.

I personally think it is important that injured party should receive compensation to assist real personal injury recovery but often, bulk portion of the money goes to lawyers or to a greedy individual and create a bad culture of insurance madness.

That is why it is smart to steer the legislation towards compensation for the actual personal damage and not towards tangential expences.

Sue at your own risk!

 

[Tshooter]

If I trip and break my head in the street, who’s liable?

On those detailed facts. You.

Next time get rear-ended by someone with a lot of insurance.

 

[gut wax]

In australia, if you trip on a public pavement, potentially you can sue our local council. Compensation lawyers thrive on these madness.

I personally think it is important that injured party should receive compensation to assist real personal injury recovery but often, bulk portion of the money goes to lawyers or to a greedy individual and create a bad culture of insurance madness.

https://infogram.com/number-of-lawyers-per-capita-1g6qo2qe1j97278

"That is not the point. I am superior to all posters on the forum, that is the main thing." - sureshs

 

[Bartelby]

Australia does not have a lot of practising lawyers. It has a lot of universities churning out law graduates for their own financial gain. They are mostly employed outside law.

 

[Dartagnan64]

Personally I've often wondered when a dry clean walking surface became a human right. "Look before you leap" used to be a meaningful adage.

Slipping and falling has been a normal human activity since forever. But apparently if someone intentionally makes their floor wet, they need to post warnings everywhere. When I grew up, we looked at the floor and if it was wet, we walked cautiously. And if we still fell we blamed ourselves for slipping on a wet floor. We did not require signs, just eyes and a willingness to watch where we stepped rather than eyes glued to our instagram account.

This anti-Darwinian approach to life where we have to warned of every possible bad outcome before doing anything is increasingly nonsensical.

 

[Tshooter]

Personally I've often wondered ...

Many slip and fall cases fail (i.e., they get dismissed as a matter of law long before they see a jury verdict or a settlement). As you said, people fall all the time, often due to a slippery substance; it doesn’t mean there’s a case.

However, as a general rule if you knowingly create a dangerous condition common sense dictates warning people otherwise if they are injured you may be liable. This doesn’t relieve people from seeing and avoiding as you suggested.

These cases are very fact specific (and depend on the jurisdiction, obviously). And an accident is rarely all one parties fault or the other.

Can we get back to tennis now ?

 

[Bartelby]

So how do you know that your drink is not contaminated if it comes in an opaque container without drinking it?

Do you come equipped with a mini-science lab and test all food and drink beforehand?

Or do you take it for granted that it is safe secure in the knowledge that if it isn't at least you can have recourse to law?

Personally I've often wondered when a dry clean walking surface became a human right. "Look before you leap" used to be a meaningful adage.

Slipping and falling has been a normal human activity since forever. But apparently if someone intentionally makes their floor wet, they need to post warnings everywhere. When I grew up, we looked at the floor and if it was wet, we walked cautiously. And if we still fell we blamed ourselves for slipping on a wet floor. We did not require signs, just eyes and a willingness to watch where we stepped rather than eyes glued to our instagram account.

This anti-Darwinian approach to life where we have to warned of every possible bad outcome before doing anything is increasingly nonsensical.