The victim, who was 17 at the time, suffered brain damage in the attack, is blind, and can't eat, walk or stand up without help. In the suit filed Nov. 14 in Hillsborough County, her family says the design and construction of the library, built in 2005, contributed to the attack. — www2.tbo.com
8 Comments
Is there any precedent for cases like this?
This is like sueing your heart surgeon because the heart transplant that he performed for you didnt have a steel casing and thus left you vulnerable to the bullet which killed you after getting shot in a drive by.
Really, we are suing architects because their designs "require us to get out of the car?"
My god I hope this gets thrown out.
Obviously it's a horrible crime. But this smacks of the victim going after the only people that have money in the case. If this case is allowed to go through what would be the ramifications? Every parking garage would have to be redesigned...every parking lot? everything... Every place that a person would have to get out of their car. How would you even design an ATM in any location where you were required to get out of the car?
lars is dead on, and i believe this is also why the amount they're suing for ($30k) is so miniscule. there is no way this would make it through trial.
it is interesting to note that the library board isn't named as a defendant - with a lot of institutional projects, a number of those decisions are already made when a firm starts the design process.
sounds like a test case for an ambitious attorney feeling around to see what will work. if this case gets taken up: a chance for more and bigger. if not: try something else equally ridiculous. is the victim's circumstances may be being used to pursue a different agenda than her own, i'm afraid.
seriously looks like a case for the AIA to step in ... if this ball gets rolling, this is a whole additional level of liability. Not that I'm expecting a peep from them.
Im sure the AIA laughed at this the moment they saw it just like most of us did.
This case will go nowhere.
I love how the contractor immediately shirked any responsibility for this:
"We built it exactly as shown on the documents," he said. "The architect determines how it should be done. Any design flaw someone feels was in that building, which may have somehow allowed some sort of hidden condition to exist allowing someone to commit a crime, is outside the realm of our responsibility."
It's ridiculous how people can sue for anything.
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