Court Rejects Lawsuit By Man Burned At Burning Man

topic posted Wed, July 1, 2009 - 6:43 AM by  ↁªɮºɱɮ
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A man who was burned at the Burning Man Festival in Nevada in 2005 when he threw a friend's photograph into the flames lost a bid to a state appeals court in San Francisco Tuesday to sue the event promoter.

Three news stories with all the details available here: ping.fm/FfiCs

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  • As the cliché says: read your ticket.

    The court ruling is right. If you willingly walk into a fire ,you can't blame someone else. Sad that he got hurt though.
    • Given the timing, he could have had his judgment fucked up by grief.
      I wonder what his insurance status was.
      Now the back of the ticket crowd is going to have a field day.
      • // Now the back of the ticket crowd is going to have a field day.

        True fact.
        • He was described as college-educated and had been to Burning Man twice before.

          Personally, I think that he should sue his college, his high school, his middle and grade schools, and his parents.

          They should have taught him that fire is hot.

          • "college-educated "


            It seems to imply that because he was "college-educated" he should have known better.


            Hell... 5 year olds know better.

            I think I'm going to get a hot cup of coffee from McDonalds and hold it between my legs while I drive now.
            • That case actually had merit, imho, because never in my life have I experienced liquid so hot that if I spilled on my self, I'd have 2 to 8 seconds to take my clothing off before being burned. What's the fastest you can strip? While sitting in a car?
              • From today's SF Chronicle :

                (06-30) 19:14 PDT SAN FRANCISCO -- If you approach the flames at the Burning Man festival, you're taking your chances of getting burned.
                More Bay Area News

                That was the verdict Tuesday from a state appeals court in San Francisco, which refused to reinstate a festivalgoer's damage suit against the promoter of the annual celebration in the Nevada desert.

                Anthony Beninati, a Los Angeles-area resident, was badly burned at the September 2005 event in Black Rock City, Nev. A college-educated real estate manager, he was making his third visit to the weeklong festival, which culminates with the incineration of a 60-foot wood sculpture.

                Once the Burning Man topples, participants are invited to throw objects into the bonfire. Beninati planned to contribute a photo of a friend who was supposed to come with him but had recently died in a motorcycle accident.

                He walked 7 to 10 feet into the burning embers, with flames on either side of him, threw in the photo, then took a few more steps forward, tripped and fell into the fire.

                Beninati's hands were burned and one arm was permanently injured, said William Kronenberg, a lawyer for Black Rock, the San Francisco company that promotes the festival. He said paramedics flew Beninati in a company-supplied helicopter to be treated.

                Beninati's suit accused Black Rock of negligently allowing people to approach the fire without safe pathways. But the First District Court of Appeal, upholding a judge's dismissal of the case, said anyone who takes part in an event with obvious dangers - downhill skiing, mountain climbing or walking up to a bonfire - knowingly risks injury.

                "By continuing to walk into the fire, Beninati assumed the risk that he might trip and fall," presiding Justice Ignazio Ruvolo said in the 3-0 ruling. "The risk of falling and being burned by the flames or hot ash was inherent, obvious and necessary to the event."

                Ruvolo said such suits have been barred in California since 1992, when the state Supreme Court dismissed damage claims by a participant in an office touch-football game.

                Beninati's lawyers were unavailable for comment.
  • Actually, I'm half tempted to say this is an insurance thing. Like, he either didn't have any and this was a desperation move to get SOMEBODY to pay crippling medical bills, or he has insurance and his insurance company doesn't want to pay and was trying to pass it on to the LLC.

    No real way to know without talking to the dude tho.
    • Pikey and Elaine; I keep forgetting how much insurance comes into the game in the US. You're probably right about this. It seems unlikely that an injured burner would be able to collect from his own insurance company for this type of injury so he may have been forced into the suit by a greedy lawyer seeing dollar signs.

      Empathy for the guy, really. Must be a tough spot to be in.
      • Unfortunately, many insurance companies try very hard to weasel out of paying anything whenever they can. While I am only surmising on all this as the reasoning behind the lawsuit, it wouldn't surprise me that this could be part of the reason.
        And there is the "follow the money" mentality sue anyone and everyone who might be encouraged through bad press, fear of protracted legal maneuverings, and the time and expense to fling money at the problem to make it go away.

        But nonetheless, there were lawyers out there who thought this was a winnable case, and may have directed this guy to give it a try.

        Who knows, though.. He tried, he lost. I feel bad for the guy that he was injured, regardless of how he got that way. However, using the " there was a safe way to walk into and out of a fire" defense kind of made me laugh too.

        I see the Rangers and other volunteers do their damnedest every Burn night to keep people from harming themselves in this manner,with little thanks and sometimes to potential harm to their own persons.
        . And I am sure the moment someone saw this guy was in trouble, they were on it and did everything they could to help him.
        • Oh yeah, I was going to mention insurance Cross's thread, which either got yanked or fell to the second page.
          • But let me ask you this....

            If any of us were standing behind the line at the burn, and an errant firework shot straight at you and fractured your skull, would you take action or not? You're innocent but you signed a waiver to sign your life away, literally. And professionals setup the fireworks.

            Lines are oftentimes more grey than we'd like to believe. This makes me a little more careful when reaching out for a ride on a crazy contraption, or making ourselves dark to make "Whoopie" in the middle of the Playa. All in the name of fun, or friendship, or any other self justification.



            Darwinian:
            "My friends picture really needs to be right in the middle of that G*D Damned enferno!"

            Nevada State Trooper:
            "We need a breathalyzer over here" !!
            • This one actually happened: Standing 10 feet from a burn barrel and getting hit with a cartridge (nitrous? propane?) and losing some of your eyesight--when you are a tattoist and need your eyes to work. And nobody knows who the a$$hole who threw that cartrige in the fire was.

              Carry insurance. Much easier to fight with an insurance company than not have any choice but to sue the llc or swallow thousands of dollars in medical bills and evacuation by helicopter. sure, they may not want to pay, but you do have some sort of paperwork, beyond the back of the ticket. Anyone have a good agent or company to recommend?
              (If we're lucky, we can get KK to freak out about commerce again.)

              And I hope I have some sort of "horse's mouth" credibility when I say a simple accident can result in a life changing injury.
              • You raise a good point, Crypto. I usually get some kind of travel insurance coverage before leaving Canada. It's sometimes included with some credit cards or other things you've already paid for so check for other coverage first then check rates and the fine print. I found my CAA (same as AAA) has a relatively inexpensive policy that will fly me home for medical treatment.

                Sorry to hear about the tattoo artist because that would certainly appear to have been something he/she could not have foreseen or prevented.
                • I don't know how it all played out, but that one really p*ssed me off. As Badger is wont to put it: It's all fun and games until someone loses an eye. Then it's a game of find the eye.

                  Well, okay, maybe not exactly like that. But it is a case of she and her husband could be facing bankruptsy, or whatever, because some twit wanted a laugh. I hope *he* (yeah, that's my assumption, but it does seem like the game a little man--in spirit, not stature--would play) has the occasional sleepless night as he imagines the playa hounds hunting him down and mauling him to death.
                  • This is the maximum depth. Additional responses will not be threaded.
                    Concur on the sleepless nights thing. I hope he was close enough to realize the immediate consequences of his actions.

                    Speaking of not knowing the outcome, Caleb and I had a long discussion when Hollis was hurt. Caleb suggested that a fund needed to be set up for just these sorts of things. Something we could contribute to on a regular basis or when an emergency came up and have a group of decision makers who could alert the community when something happened that needed extra funds. Make it part of the ticket price possibly or just call it a Burner Benevolent Fund and have a paypal account that could receive funds and invest them until needed. Also Caleb went one step further and felt that the LLC should do this. I disagreed because I don't see it as their responsibility but more the community's responsibility to make voluntary contributions. But it would be handy to have one place where this information went.

                    Then we as a community would also have that one group of people who could be the contacts for this BBF and receive and disseminate information. It's all rather haphazard now. I'm sure people would want to consider helping these folks out if only we knew who they were and what the status of the situation is.
                    • I thnk that that would be better as a private thing. If you start getting too formal, then you've got to do 501(3)(c) or something, and it loses it's immediacy. Also, there's this thing where people might start to pretend to be burners--although I will admit it's unfair to the burners who are not plugged into the networks that make it happen. I don't know if you want it to follow the Burners without Borders thing--which would be informal, and help as an immediate responce when something happens. It happens a lot in this community (twice for me, which is very sweet of all of you. Thank you.)

                      I disagree with Caleb on the llc being part of it, too. First off, why give those clowns any sort of power or whatever over people's lives? Second, I tend to think that the llc only has "deep pockets" because they have insurance. I think that the money is pretty much spent on the event every year, and they don't have a rainy day fund. I know Caleb disagreed with me on that. In fact, I would say he was a pretty good, possibly compulsive, player of "Spend Larry's Money", a game of looking at this (to me imaginary) pot of money and coming up with a way to spend it--in favor of you or your pet cause. Anyway, I think enough things are tied to the number of tickets sold, and at what price, and maybe it will get to be like airlines: baggage check in fee, early arrival fee, donate to injured burners fund fee, indian tacos for all fee. I did finally do the math (with Caleb's numbers for number of hours dpw works in a year) and find out that for a $5 addition to ticket fees, the dpw could be paid $8 an hour (which is a good wage in the area, I belive) for thier work setting up and tearing down. I never told Caleb, because the way he treated me--I wasn't going to do his homework for him. Also, I forget if I included costs like taxes and accounting. I may have just thrown a number in, or maybe not. Perhaps his movement might have been more successful if he had done it. I think "It will only cost you $5 to pay the people who sweep the line a living wage..." might have been a more tactically sound method, than trying to get in Larry's face and shame him. Or maybe not. There's a reason I'm not a labor negotiator.
                      • "I don't know if you want it to follow the Burners without Borders thing--which would be informal, and help as an immediate responce when something happens. It happens a lot in this community (twice for me, which is very sweet of all of you. Thank you.) "

                        Crypto, I'm not sure how Burners without Borders is set up but will investigate. I guess the point I was getting around to was that it's the followup in the case such as the Tattoo Artist that you mentioned. How do we get a hold of them? Should we? Is an effort by the community desired?

                        "Perhaps his movement might have been more successful if he had done it. I think "It will only cost you $5 to pay the people who sweep the line a living wage..." might have been a more tactically sound method, than trying to get in Larry's face and shame him. Or maybe not. There's a reason I'm not a labor negotiator."

                        Crypto, I didn't know Caleb during that time and I am uncertain how it all worked out in the end. I have a feeling that some things improved for DPW but I also hear of accidents still happening and not being cared for. Caleb brought attention to the issue in his way and maybe it's up to others to pick up the ball. I certainly would not begrudge a $5 ticket fee for DPW to earn a living wage and have insurance for accidents. Without DPW, we don't get to do Burning Man because as much as we preach LNT, it wouldn't be clean without them.

                        Maybe when you and I get together on the playa, we can hash out some of these thoughts. In the meantime, I'd be interested in what others have to say about a Burner Benevolent Fund.

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