(CNN) -- Police in Maryland are on the hunt for the perpetrator of what appears to be an April Fools' prank that left a man glued to a toilet at a Wal-Mart store. If caught, the jokester who doused the seat with glue at the Elkton Wal-Mart on March 31 could face second-degree assault charges, said Lt. Matthew Donnelly of the Elkton Police Department. Police, along with the Singerly Fire Company and the Cecil County Paramedics, were called to the scene at about 7 p.m. There, they found the 48-year-old victim, who called for help after realizing the sticky situation he was in when he tried -- and failed -- to stand up and leave the superstore's restroom, Donnelly said. It took responders 15 minutes to remove the victim from the stall, but they were unable to disconnect the toilet seat from his body, Donnelly said. Instead, the victim was taken to Union Hospital of Cecil County, where the seat was detached. He left with only minor injuries to his buttocks, Donnelly said. Police do not suspect that the victim was specifically targeted, but that the incident was a random prank, Donnelly said. They have not received reports of glue-laden toilet seats since. http://www.cnn.com/2011/US/...let.prank/index.html
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11:07 AM
PFF
System Bot
Synthesis Member
Posts: 12207 From: Jordan, MN Registered: Feb 2002
I don't know about you, but when I am forced to use a public restroom of any kind because my body has betrayed my "NO PUBLIC RESTROOMS" rule... I ALWAYS check the seat, cause you never know if the person before you had poor aim and did not bother putting the seat up to do their business... Add to that the general lack of hygiene that many people seem to have (more than you would actually believe), and the last thing I want to sit down on is someone else's sweaty ass-crack residue on the back of the toilet seat...
Short of an OCD like compulsion to carry a can of lysol with me, I at the very least wipe the seat down thoroughly with toilet paper before sitting...
Soooo... While I feel bad that the toilet seat endured this type of humiliation, I have no sympathy for the poor bastard who sat down without looking...
I don't know about you, but when I am forced to use a public restroom of any kind because my body has betrayed my "NO PUBLIC RESTROOMS" rule... I ALWAYS check the seat, cause you never know if the person before you had poor aim and did not bother putting the seat up to do their business... Add to that the general lack of hygiene that many people seem to have (more than you would actually believe), and the last thing I want to sit down on is someone else's sweaty ass-crack residue on the back of the toilet seat...
Short of an OCD like compulsion to carry a can of lysol with me, I at the very least wipe the seat down thoroughly with toilet paper before sitting...
Soooo... While I feel bad that the toilet seat endured this type of humiliation, I have no sympathy for the poor bastard who sat down without looking...
Check, wipe down and still cover with paper ( or those covers some places offer ).
While I do feel bad for the guy, hasn't this exact thing happened before? And don't you check the seat? As others above have said - at least wipe it or something... I never just sit down without looking...
Seems like you would be able to feel the wet glue on the seat and think "What the hell am I sitting on?"
You would be surprised how many people are oblivious to things like sitting on a wet toilet seat, or sitting on something on a couch, or a bug landing on their skin...
My wife has a friend named Janet. She's a really thin, bony Cuban girl. We all went somewhere one day, don't remember where, and she sat directly on my sun glasses which I had put on the back seat. She was wearing a dress, which means that she absolutely should have felt the glasses digging into her butt... but no...
We didn't find them until I realized I didn't have them, and then asked, and she got up and then realized she was sitting on them?
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12:56 PM
86GT3.4DOHC Member
Posts: 10007 From: Marion Ohio Registered: Apr 2004
it is their toilet seat which was glued to this idiots butt
It was on their premises, so it dont matter who is at fault. Fault would come in to play if they guy sued later for negligence, but for medical care they are on the hook regardless of fault.
Not much different if someone came to your house and tripped on the front step because they have 2 left feet. technically its your problem.
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01:21 PM
madcurl Member
Posts: 21401 From: In a Van down by the Kern River Registered: Jul 2003
The dude must have been in a hurry. You always use the toilet seat covers and if they're out-use sheets of toilet paper. Otherwise, wait until you get home for sitting down on a bare seat is suicidal.
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01:54 PM
Tytehead Member
Posts: 873 From: Pewaukee, WI, USA Registered: Mar 2004
Sorry Nurb, but I believe you are incorrect. In most, if not all, jurisdictions in the United States, the only way Wal-Mart would be held liable for the injuries to the unfortunate soul who had his fanny glued to the seat is if that man could prove Wal-Mart employees knew or should have known there was glue on the seat, had the opportunity to correct the situation and did nothing about it, or it is determined that a Wal-Mart employee was responsible for the glue being there. People are n`ot insurers of someone else's safety while that person is on their property. They do, however, have to use reasonable care to make sure their property is safe. Just because someone gets hurt on someone else's property does not mean that the property owner is responsible for their medical bills. Many business will take out policies of medical payment coverage, which will make payments to you if you are injured on their property, regardless of fault, to avoid litigation and as a customer service. Liability however, is always predicated on fault. Wal-Mart, being self-insured, does not offer med-pay coverage, but in certain situations they will offer to pay medical bills for injuries that occur on their property that they are not legally responsible for as a matter of customer good-will. Additionally, as we all have a duty to ourselves to act reasonably with regards to our own safety, if the man were to prove that Wal-Mart knew of the glue and did nothing about it, Wal-Mart can still argue that his negligence in sitting on the seat without inspecting it first outweighed any duty they had to him to clean the glue or post a general warning in the stall or on the stall door about the presence of glue on the seat. It would be interesting to see what a jury would do with this one...
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02:03 PM
86GT3.4DOHC Member
Posts: 10007 From: Marion Ohio Registered: Apr 2004
It was on their premises, so it dont matter who is at fault. Fault would come in to play if they guy sued later for negligence, but for medical care they are on the hook regardless of fault.
Not much different if someone came to your house and tripped on the front step because they have 2 left feet. technically its your problem.
Thats some migty liberal thinkin 'thur
Saying it is because it has been accepted by idiot judges in the past isnt a reason.
Explain to me the logic, the reason, that walmart is liable for this, other than as said above, if they had knowlege of or should have had knowlege of it. Not just 'because' but why.
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02:12 PM
RACE Member
Posts: 4845 From: Des Moines IA Registered: Dec 2002
I don't know about you, but when I am forced to use a public restroom of any kind because my body has betrayed my "NO PUBLIC RESTROOMS" rule... I ALWAYS check the seat, cause you never know if the person before you had poor aim and did not bother putting the seat up to do their business... Add to that the general lack of hygiene that many people seem to have (more than you would actually believe), and the last thing I want to sit down on is someone else's sweaty ass-crack residue on the back of the toilet seat...
Short of an OCD like compulsion to carry a can of lysol with me, I at the very least wipe the seat down thoroughly with toilet paper before sitting...
Soooo... While I feel bad that the toilet seat endured this type of humiliation, I have no sympathy for the poor bastard who sat down without looking...
Yep, and I may even call because unless you have no sense of hygene you check every toilet seat before you plop you butt down on it. They should check the videos of him in the store to make sure he hadn't visited the glue isle first. Sounds like a perfect opportunity for a law suite otherwise.
Originally posted by 86GT3.4DOHC: Thats some migty liberal thinkin 'thur
Saying it is because it has been accepted by idiot judges in the past isnt a reason.
Explain to me the logic, the reason, that walmart is liable for this, other than as said above, if they had knowlege of or should have had knowlege of it. Not just 'because' but why.
again: it is THEIR toilet seat that is glued to the dummies butt
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02:29 PM
Scottzilla79 Member
Posts: 2573 From: Chicago, IL Registered: Oct 2009
again: it is THEIR toilet seat that is glued to the dummies butt
Nurb can I borrow your toilet seat? Thanks! Scottzilla walks over to pyrthian and cracks him upside skull with toilet seat. Damn, Nurb looks like you're bout to get sued.
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02:33 PM
PFF
System Bot
Pyrthian Member
Posts: 29569 From: Detroit, MI Registered: Jul 2002
Originally posted by Scottzilla79: Nurb can I borrow your toilet seat? Thanks! Scottzilla walks over to pyrthian and cracks him upside skull with toilet seat. Damn, Nurb looks like you're bout to get sued.
Nurb can I borrow your toilet seat? Thanks! Scottzilla walks over to pyrthian and cracks him upside skull with toilet seat. Damn, Nurb looks like you're bout to get sued.
If you did it in my house, i would still be liable for any injuries. That is why you get home owners insurance as you really are liable for anything that occurs on your property. Now if you stole it and ran down the street to do it, id be safe.
Now, would you goto jail afterward for assault and battery? Sure. Could i sue you for damages to repay my insurance co? You bet. But that doesn't negate the fact that i have to pony up for medical first.
And no, its not 'just beacuse', its law.
EDIT: You can even be sued by the thief that broke into your house and tripped over your sofa and broke a tooth. I'm not saying i agree with that, but they still can.
[This message has been edited by User00013170 (edited 04-07-2011).]
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02:45 PM
86GT3.4DOHC Member
Posts: 10007 From: Marion Ohio Registered: Apr 2004
again: it is THEIR toilet seat that is glued to the dummies butt
Still looking for WHY that makes it their problem?
So if Im in your house with my friend and I kill my friend, does that mean its your fault even though you wernt even home?
Stop and really think about it, what could walmart have been reasonably expected to do to prevent this? Unless they failed to take a reasonable action, how does it make it thier problem.
JUSTIFY to me why walmart should be liable for the actions of a person not under their influence just because it was on thier property.
Forget whatever laws may or may not exist, ETHICALLY can you really tell me it is fair to try and hold them liable in this situation, given the facts as they are presented here?
[This message has been edited by 86GT3.4DOHC (edited 04-07-2011).]
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02:49 PM
Scottzilla79 Member
Posts: 2573 From: Chicago, IL Registered: Oct 2009
If caught, the jokester who doused the seat with glue at the Elkton Wal-Mart on March 31 could face second-degree assault charges, said Lt. Matthew Donnelly of the Elkton Police Department.
quote
Originally posted by User00013170: If you did it in my house, i would still be liable for any injuries. That is why you get home owners insurance as you really are liable for anything that occurs on your property.
I'm no lawyer but I did get a basic law textbook in 6th grade social studies. My understanding of liabilty is best easiest explained with an example. My parents homeonwers insurance would be liable if there was a snow, and my parents did not put salt or make some effort to make the sidewalk easily passable. If however they kept the sidewalk in good repair and maintained to the accepted standards, they would not be liable. Of course some judge or jury may have ignored this basic concept of negligence and liability and found in favor of some sad little old lady who fell down and crushed a box of kittens but that doesnt make it correct. Anyone want to come with me for a hot cup of coffee from McDonald's? I'll drive
Saying it is because it has been accepted by idiot judges in the past isnt a reason.
Explain to me the logic, the reason, that walmart is liable for this, other than as said above, if they had knowlege of or should have had knowlege of it. Not just 'because' but why.
I'm a so-called "Liberal" and that's not how I was thinkin'. That's why I wrote what I did rather than say "Hope Walmart pays out the assitude" or something like that. Tytehead had the best take on the situation, being in that field and all, and I agree completely with his assessment of the situation. Again, poor fella gets hauled out of Walmart with his pants around his ankles and a toilet seat glued to his ass, an ambulance ride, and a bunch of interns making jokes about him down the hall while others work on prying said toilet seat off his butt. How many times I wonder were the words "Hey, you gotta come look at this!" were said that day in the hospital? Don't know what's going to hurt him more, the humiliation or the hospital bills.
I suspect that if he catches the prankster that did this there's going to be another ride to the hospital, only this time the seats going to be pulled out of the prankster's rectal interface.
quote
Originally posted by Scottzilla79: Anyone want to come with me for a hot cup of coffee from McDonald's? I'll drive
Originally posted by 86GT3.4DOHC: Still looking for WHY that makes it their problem?
So if Im in your house with my friend and I kill my friend, does that mean its your fault even though you wernt even home?
Stop and really think about it, what could walmart have been reasonably expected to do to prevent this? Unless they failed to take a reasonable action, how does it make it thier problem.
JUSTIFY to me why walmart should be liable for the actions of a person not under their influence just because it was on thier property.
dont have glue on the toilet seats not an unreasonable request
tho - I do agree there is little within reason to prevent the acts of vandels. most certainly cannot have camaras on the pots. but, these over simplistic comparisons are way silly. if you did kill someone in my house - that by itself is vague. did I encourage this? provide tools for this? create a situation which forced this? and - how does this even apply? a more accurate comparison would be if you spray painted another shopper at walmart - would walmart be liable for the damages you caused to that person?
as the story sits above - I have a hard time saying etiher way if walmart is responsible. I just asked the Q. I can certianly see how they could be, and I can see how they could not be.
If someone spills a vase of flowers at a walmart, and someone else slips in the water, that is Wal Mart's legal responsibility and they CAN be sued for damages.. Hundreds of cases like this happen every year. Why would it be different in a bathroom?
Not liberal thinking, legal thinking. They have to provide efforts to clean up ice on the sidewalk or get sued, so if they can provide proof that they tried to ammeliorate the situation with the Super Glue, they may be able to avoid legal damages. I don't think they can, so I bet they lose some money in court.
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03:13 PM
86GT3.4DOHC Member
Posts: 10007 From: Marion Ohio Registered: Apr 2004
If someone spills a vase of flowers at a walmart, and someone else slips in the water, that is Wal Mart's legal responsibility and they CAN be sued for damages.. Hundreds of cases like this happen every year. Why would it be different in a bathroom?
Not liberal thinking, legal thinking. They have to provide efforts to clean up ice on the sidewalk or get sued, so if they can provide proof that they tried to ammeliorate the situation with the Super Glue, they may be able to avoid legal damages. I don't think they can, so I bet they lose some money in court.
HOW?!? You can see ice on the sidewalk, everyone knows theres going to be ice and everyone knows you can slip, its obvious that it needs addressed. Are you saying its Walmarts legal responsibility to patrol the bathrooms checking the toilet seats every 5 minutes?
Okay, lets take this to a more literal comparison, Im hanging out in your house, I put superglue on the toilet seat, Frank comes over, sits in it, gets stuck, goes to the hospital.
Are you going to step up and say "You know what, its my house, I'll pay the $10,000 bill."
Are you? If its your responsibility what happens on your property, accept your responsibilities!
Then what makes you think walmart is any more responsible than you would be?
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03:21 PM
Synthesis Member
Posts: 12207 From: Jordan, MN Registered: Feb 2002
Okay, lets take this to a more literal comparison, Im hanging out in your house, I put superglue on the toilet seat, Frank comes over, sits in it, gets stuck, goes to the hospital.
Are you going to step up and say "You know what, its my house, I'll pay the $10,000 bill."
Are you? If its your responsibility what happens on your property, accept your responsibilities!
Then what makes you think walmart is any more responsible than you would be?
No, but his Home-Owners will cover it... You were a guest in his home when you put the glue down on the seat.. His other guest was injured because of your actions, in his home.
Home Owners covers it, then comes after you due to your actions.. Frank can also sue YOU for your actions.
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03:25 PM
86GT3.4DOHC Member
Posts: 10007 From: Marion Ohio Registered: Apr 2004
dont have glue on the toilet seats not an unreasonable request
Did walmart put it there? You're intentionally avoiding the challenge because you know you cant. Otherwise, explain to me how its ethically their responsiblity for someone else's actions that they have neither knowlege or influence over.
It was an open challenge BTW, anyone feel free to chime in on that.
No, but his Home-Owners will cover it... You were a guest in his home when you put the glue down on the seat.. His other guest was injured because of your actions, in his home.
Home Owners covers it, then comes after you due to your actions.. Frank can also sue YOU for your actions.
Theres a diffrence between what a big company will pay out to avoid the higher costs of going to court, and what is ethically right.
Put it this way, if you didnt have insurance, and that money came out of your pocket in THAT scenario, would you feel wronged? Im guessing yes, then why is it okay to try and extort money out of WalMart given the same situation? Because they are a faceless corporation perhaps? Because you think 'they can afford it'?
The sheer number of people who take advantage of the system or just plain dont care because they entity they are hurting doesnt have a pretty little face is just sickening.
Forget what has happened in other cases in the past, explain to me why his home owners should be resposible? So you're saying its okay to play the system and take money from someone (company) because you know they will give it to you?
Explain to me what aspect of that scenario gives the victim any right to claim damages against him (and vicariously insurance). What part did the home owner play in that scenario that was willfully negligent and thus makes them liable. Anyone?
[This message has been edited by 86GT3.4DOHC (edited 04-07-2011).]
Still looking for WHY that makes it their problem?
So if Im in your house with my friend and I kill my friend, does that mean its your fault even though you wernt even home? *snip*
Committing a criminal act like killing someone and tripping over the edge of the carpet are 2 different things. ( technically you could e sued for allowing it to happen.. but it would be a hard sell to a jury )
In this case it makes it their problem due to the law. At least here in my state they would be legally liable for the injury. That is as much 'why' as anyone needs. Its even more so with a business property. You, or I, may or may not agree with it, but that doesn't change the law as it stands. It has nothing to do with what we think or ethics or politics or anything else. its the law.. Until its changed, you are liable for any injuries on your property as the business owner/home owner.
And yes, the insurance co can try to recover their $ back from whoever did it if they are caught, but the insurance co will still pay out in the meantime.
To see if these laws apply to where you live, I'm sure an insurance agent would be able to help clarify your local laws about such matters. .
[This message has been edited by User00013170 (edited 04-07-2011).]
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03:27 PM
MidEngineManiac Member
Posts: 29566 From: Some unacceptable view Registered: Feb 2007
Originally posted by 86GT3.4DOHC: Did walmart put it there? You're intentionally avoiding the challenge because you know you cant. Otherwise, explain to me how its ethically their responsiblity for someone else's actions that they have neither knowlege or influence over.
It was an open challenge BTW, anyone feel free to chime in on that.
all we know is what is in the opening post. which is NOT alot. yes - walmart may have put it there. perhaps someone was working on the tiles, and got subfloor adhesive on the seat. 100% real possibility. unlikely - yes - especially being April 1st. you can rant all you like. doesnt change the lack of actual info.
HOW?!? You can see ice on the sidewalk, everyone knows theres going to be ice and everyone knows you can slip, its obvious that it needs addressed. Are you saying its Walmarts legal responsibility to patrol the bathrooms checking the toilet seats every 5 minutes?
Okay, lets take this to a more literal comparison, Im hanging out in your house, I put superglue on the toilet seat, Frank comes over, sits in it, gets stuck, goes to the hospital.
Are you going to step up and say "You know what, its my house, I'll pay the $10,000 bill."
Are you? If its your responsibility what happens on your property, accept your responsibilities!
Then what makes you think walmart is any more responsible than you would be?
I'M not saying it. The LAW says it and does so every time one of these cases comes to court. Personally, I think everyone should at least glance at a toilet seat before sitting down, and should be careful on ice and should avoid puddles of water on the linoleum at stores... but that does not remove the legally recognized responsibilty of a premises for keeping their publicly accessible property free of possible dangers and pitfalls.
Also why I dont let neighbors or their kids on my property... I know the risk and Wal Mart does too.
[This message has been edited by tbone42 (edited 04-07-2011).]
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04:15 PM
Tytehead Member
Posts: 873 From: Pewaukee, WI, USA Registered: Mar 2004
If someone spills a vase of flowers at a walmart, and someone else slips in the water, that is Wal Mart's legal responsibility and they CAN be sued for damages.. Hundreds of cases like this happen every year. Why would it be different in a bathroom?
Not liberal thinking, legal thinking. They have to provide efforts to clean up ice on the sidewalk or get sued, so if they can provide proof that they tried to ammeliorate the situation with the Super Glue, they may be able to avoid legal damages. I don't think they can, so I bet they lose some money in court.
Walmart probably has a policy for the bathrooms to be inspected X number of time each day. My understanding is to avoid negligence the property owner needs to make reasonable efforts to reduce risks to guests. Is it reasonable to inspect the toilet seats for glue 15 times a day?
If someone breaks the vase and spills water, and the employees ignore it, negligence yes. If someone breaks the vase and they them self or someone directly behind them slips, not negligence, accident.
I would be interested to hear from a lawyer or legal scholar whether this is a modern application like some other things where basic legal concepts "d/evolve" over time.
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04:47 PM
Tytehead Member
Posts: 873 From: Pewaukee, WI, USA Registered: Mar 2004
Where do I start. Sythesis...if you have guests over and someone puts glue on your toilet seat and someone else gets stuck, as long as you did not know the person was putting the glue on the seat and you were unaware that the glue was there, your homeowner's insurance WILL NOT cover it as insurance does not cover injuries caused by INTENTIONAL ACTIONS. If you have med pay (medical payments) provision in your insurance policy they will cover his medical bills up to the med pay limit, but they would NOT pay under the liability portion of the policy, as that is for damages caused by negligence. If a burglar enters your home and trips over the couch and injures himself, a homeowner will not be heald responsible for his injuries. You have no duty to a trespasser. If, however, you set a trap for him which causes harm, you will be responsible. (except in certain jurisdictions that apply the Castle Doctrine) I could get into a lengthy discussion why, but I will not. As for not shoveling your side walk. In Wisconsin, and most other states, you cannot be held liable if someone slip and falls on snow or ice on a public sidewalk. The public sidewalk is owned by the city, village etc. and it is the municipality' s duty to clear the ice and snow. They will only be held liable if the ice and snow exists for a significant period of time. The municipalities will often pass ordinances requiring the home owner adjacent to the sidewalk to clear the sidewalk or be subject to a fine, but because the easement is owned by the governmental entity, the duty is theirs also. If the injuried party can rpove that the ice was caused by an unnatural accumulation of ice and snow, let's say your downspout discharges directly onto the sidewalk, or you own a car wash and cars leaving, dripping wet, deposit water on the sidewalk that freezes causing the ice you slip on, then you may be held responsible for their injuries even if it occurred on a public sidewalk. This does not mean you should not shovel or salt, its the neighborly thing to do. If, however, the person falls on a walkway or driveway that is on your personal property, the person still has the burden of proving that you acted unreasonably in the snow and ice removal, or were otherwise negligent, and that they were not negligent for their own safety. To file a lawsuit for negligence you must prove two things, that a person failed in a duty he owes you in particular or to the general public, and that failure caused harm. No failure, no liability, no harm no damages. I hope this was clear....
Did walmart put it there? You're intentionally avoiding the challenge because you know you cant. Otherwise, explain to me how its ethically their responsiblity for someone else's actions that they have neither knowlege or influence over.
It was an open challenge BTW, anyone feel free to chime in on that.
Okay, I don't know about anyone's intentions, but the way I read everyone else's post was more "Walmart can get sued" not "Walmart should get sued". COMPLETELY different. The posts are merely saying that Walmart can be held accountable for this by law. YOU brought in the ethical part of it AFTER challenging people with their "liberal thinking".