11/29/2010

Flintkote Injury Claim

Posted by MJ

11/29/10

The LUSJ has reported that the claim has been filed. Next up: CPS visits to question family about endangering the welfare of their 11yr old child by not properly supervising them. Actually, both scenarios are rediculus.

7/4/10

The Buffalo News reported today on a Notice of Claim against Niagara County for an injury that allegedly happened on the old Flintkote Site on Mill St.

"Notice of claim will be filed against Niagara County this week on behalf of an 11-year-old girl who fell from a decrepit building at the former Flintkote plant and broke her jaw.

Denis Bastible of the Cellino & Barnes law firm said he will file the mandatory preliminary to a lawsuit by Katie Sargent, of Chapel Street, who was hurt June 10 at the hazardous waste site, which the county has owned since 1999..."

I feel bad for the kid having to deal with the experience and the injuries. But I don't care if there is a hole in a fence or a sign has some weeds in front of it. 11 years is old enough to realize the risk you are taking and that you are not supposed to be there in the first place. If a kid is not old enough to making these decisions then why are they allowed out on their own?

If one can file a suit against the county in this instance, would counter suits by the county against parents for not properly raising their children to stay out of locations they do to belong at and not raising them to properly access risk be reasonable?

In either case no. A child learned a lesson the hard way (like most of us probably did growing up).

9 comments:

Anonymous said...

It is just a legal shakedown... Break the law, hurt yourself, find a dirt bag law firm, extort a sum of $ in lieu of the threat of a lawsuit, split the $ with the lawyer. Walk away with a bundle of taxpayer cash for being stupid.
.....the mafia would be proud!

DocWu said...

They should automatically charge the girl and her parents, as responsible persons, for trespassing, by her own admission.

Yeah, yeah, I know, attractive nuisance and all that, but if people knew they would be charged with a criminal act when they filed these claims, they might shut up and accept responsibility themselves.

Anonymous said...

They will get some money because of the dirt bag law firm and be broke in 6 months scrounging off somebody for a place to live for her and her kids

MJ said...

The police blotter today (8/5) listed 4 getting arrested for going in:

http://lockportjournal.com/local/x1243786821/Police-blotter-published-Aug-5-2010

"CRIMINAL TRESPASS: Three 17-year-old boys and a 17-year-old girl were charged with third-degree criminal trespass Thursday. Kelsey L. Russell, 4258 Plank Road; Bryan M. Bowers, 239 Niagara St.; Chelsie R. Goodrich, 6035 St. Transit St., Apt. 454; and Russell G. Moyer, 5491 Niagara St. Ext. were given appearance tickets. Police received a report of four people going into the old Flintkote Factory on Mill Street. All four teens were located on the second floor"

If only they could have hurt themselves before the cops got there... ;)

Anonymous said...

i think this is all bullshit maybe lockport should work on cleaning up the empty property and tearing it down and they wouldnt even have to think about there being a lawsuit.. and maybe if the yonger generation of lockport had some thing to do they wouldnt be going into abandoned buildings. i know that it is against the law to go into an abanded building but some people just dont think about that maybe if it was better gated off and had some sighnes none of this would be an issue!!!

Rocketboy said...
This comment has been removed by the author.
MJ said...

There is no sign there stating "Welcome to Flintkote Heritage Park".

That should be enough to say that people are not welcome. If it's not your property stay off it. If not, be ready to deal with the consequences of your actions.

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John Washington said...

Honestly I don't think we should be protecting the county or flintkote. This property is a danger and an eye sore. At the end of the day its not just this young girl who has gotten hurt...who knows what effects the neglect of this situation has had on the populace. The county should be sued for much much more.

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