[Katja]

Sometimes I really ask myself, what the hell happend with this world.
In my world, you fall, you stand up and 2 weeks later you laugh about how stupid and how unlucky you were that day...

A concussion is a very serious injury, not something you can laugh away.

She lost $100,000 just in bonus pool money because of alleged negligence of someone else, of course she is suing. Everybody would do that, including you, if you were in a similar situation.

 

[Katja]

Where did you read that?

Reading is overrated and exhausting, much easier to just skim through headlines.

I've been saying a while I certainly expected her to sue the USTA. Wasn't expecting it to be filed so quickly. Didn't Lauren Davis's suit not get filed until a year after she was injured?

Years later, I think, because she continued to suffer from the injuries she got there.

 

[Katja]

Sorry, no, i definetely wouldn't, because I know my own responsibility and entering a dark room, expecting an Ice Bath, isn't the smartest thing to do.
As long as I had a chance to get out of a situation with my own power, I have to ask myself if I took that chance. That's my way to handle things.

I'm sick of searching somebody to blame for everything that happens to you, when you had the chance, to save yourself from it. We don't know the facts, though, so let's see what happens, but with what we know now, this looks like an accident, that was just extremely unlucky, with noone intending to do any harm.

Yeah, no way. Really easy to claim that as long as you're not the one suffering a ijury potentially suffering your livelihood.You have the chance to get out of virtually every situation on "your own power" if you have hindsight. And she didn't fall in the "ice bath room", she fell in a room where you don't expect the ground to be slippery. There's a reason why every public facility in the civilized world uses giant warning signs for wet floors. It's not a courtesy, it's called health & safety regulation.

You're basically arguing to get rid of the whole concept of negligence. That's one dystopian world.

 

[Katja]

The $150,000 is probably the minimum sum they can irrefutably prove without any problem whatsoever ($100,000 bonus pool money + medical costs etc).

The likely scenario is that her lawyer will come up with a much, much larger sum eventually to get the USTA to the negotiating table and then they will settle out of court for a reasonable sum.

No, you obviously can't get out of every situation.

And as for facilities in the civilized world, the lights being out usually sends a signal, too.

Of course you can get out of any situation if you knew beforehand what was going to happen.

I really don't get your position here. You argue for personal responsibility but at the same time relieve everybody else of their responsibility. That's essentially some kind of survival of the fittest scenario, everyone for her-/himself.

 

[Katja]

It's the "millions and millions" talk from her lawyer that is very US-specific here and leads me to roll my eyes.


But like I already said in other posts. We don't yet know the exact specifics of what went on so it's hard to judge too much in either way,

In context it sounds less sensationalist, I think:

Bouchard is asking for a jury trial and is seeking unspecified damages. “We could be talking about millions and millions,” Morelli said, although with Bouchard still experiencing symptoms, “we don’t know the extent yet.”

A concussion potentially is a career-ending injury. And if that is the case, or even if she misses out on just the next season, millions is a pretty reasonable sum.

 

[Katja]

Just for the record, German law of course knows damages and obviously loss of income is covered by that. "You get your medical costs and that's it" is untrue.

 

[Katja]

You're missing the concept of "vicarious liability", or "respondeat superior" if you want to get fancy-talkin', whereby an employer or organization on whose behalf you are acting is ultimately held liable for actions you take while in their employ or at their direction. This is the case in pretty much any Common Law country.

Just for the record, it's not just common law countries, this is the case in Germany, too. I hate that the one impression one gets from this thread is that Germany is some kind of backward banana republic without a legal system.

 

[Katja]

At no point have I spoken in the name of Germany or Germanys laws, just stated my opinion, but thanks for the subtle sideswipe, I thought we were on good terms.

You have a Swedish flag.

I wasn't even talking about you, I was talking about this:

Other thing i have gathered from this debate is that you have no rights in Germany.

By the way, it's perfectly normal to be on good terms and still disagree with someone. And I just think you're thoroughly wrong with the positions you're taking in here. That doesn't mean that I don't like you. ¯\_(ツ)_/¯