It happened again

[PeterH]

Another child died in a washer -- Milnor triple...

http://seattlepi.nwsource.com/national/apus_story.asp?category=1110&slug=Washing%20Machine%20Death

[Buddy_Amoroso]

This is the same case that was reported this summer. Now come the law suites.

Buddy Amoroso
Baton Rouge

BUT...Now that we are all installing larger washers these are "attractive nuisance" and a "zone of risk" that we have a liability to provide safe guards for children and our patrons.

There is a new doctrine in liability cases known as "zone of risk". Under this doctrine business have an obligation to mitigate dangers in a "zone of risk"(see McCain v. Florida Power Corp. 1992). The burden of proof is now the business owner. He must prove that he did everything he could to mitigate the dangers in a "zone of risk".

In case of a large washer a court would probably rule that it is an "attractive nuisance" and it is reasonable to assume that a child would be attractive to play inside of the washer and that another child would be tempted to close the door, put coins into the machine and start the washer just to see what would happen. The owner and the manufacture should anticipate this kind of action from children so that this washer is a "zone of risk". The courts would ask both the manufacture and the owner of the mat “how did you mitigate this risk?”

I feel that the court will rule for the family of the child probably 50/50 split between the owner of the mat and the manufacture.

Bottom Line: I do not think that it is wise to install a "mega" washer in a self-attended mat and have liability insurance.

[DuboisLaundry]

There is another laundromat about 80-90 miles from me with several Milnors, and they all have the coin drop removed with a sign (pay at window) I just suspected that the coin drops where old worn out and dirty so they wired them to a backroom control button. Now I wonder if it had anything to do with liability. Seems easier to put a remote on it than to move it to a back room and only offer it as WDF

[pete f]

so a dead kid is worth 18.9 million? and how did they happen to crawl in? Sorry , this is about as bad as my discontent for homeless. I hope Milnor has a good lawyer.! Award the mother $3000 for burial expense and $120 for MD 20-20

[Gary C]

There is no reason to even award 3000 It is 100% their own fault. I too hope Milnor has good lawyers. If the kid vandalized the place they would hold the mother responseable why would she not be here.

Gary

[Kitty]

Responsibilibility seems to be somthing only taught in schools but not practiced anywhere. Out in the big bad world no one wants to take responsibility, they merely want to pass the buck.


In cases such as these, it is the job of the attorney's and insurance companies to reduce the amount of punitive damages whether there is any mitigating factors on Milnor in any in this case? As we see it NO! But, you know how the truth gets rearranged or not even stated at all that could change the outcome of this and Milnor may be liable.

The attorney's and insurance company reps will decide whether to settle or take their chances in court, but when there is a death involved they rarely want to take that chance.

This is what store owners should be preaching and spreading the word in the industry. It should be educated in every trade association and printed and reprinted ~ ALL LAUNDROMATS ~ ATTENDED OR UNATTENDED SHOULD BE MONITORED AT ALL TIMES BY RECORDED SURVALLIANCE CAMERAS FOR THE PROTECTION OF THE PATRONS AS WELL AS THE PROTECTION OF THE OWNER (S)

[Buddy_Amoroso]

so a dead kid is worth 18.9 million? and how did they happen to crawl in? Sorry , this is about as bad as my discontent for homeless. I hope Milnor has a good lawyer.! Award the mother $3000 for burial expense and $120 for MD 20-20

Pete,

I agee with you 100%

Trial lawyers are ruining this country!

Buddy Amoroso
Baton Rouge, LA

[pete f]

Pete,

I agree with you 100%

Trial lawyers are ruining this country!

Buddy Amoroso
Baton Rouge, LA

!

I got a call today from a long time customer, tells me these kids are running wild at the mat. I went down, and the mother has 4 brats, one banging on the soap machine, another playing with the doors, another running out into the main road, and the baby crawling all over the floor. I grabbed the kid by the ear who was messing with the soap vendor, the mom standing right there. The other kid comes in from off the street. I told the mother to control the kids or leave them at home. There has been a few kids killed playing with laundry equipment this year and I was not going to pay for her kids' injuries or death. She responded she would use another laundromat. I said that is a good idea, you can't have these out of control kids in my mat. She was like standing on one to keep him from moving as she unload the dryer, while screaming at the other 3 to sit still, which they would not. I hope she does not come back, they all smelled bad also. At the same time there was another woman with 2 small girls, reading to them. They were very well behaved and the brat kids were going up to them. There were several other customers, I think they appreciated my showing up and dealing with the situation. Nobody needs bad customers.

[poppafish]

We have a laundry next to skateboard park and I have had similar if not the same type of experiences as you have just had. I too believe that if you call people on their behavior the word of mouth gets around and your "loyal" customers will stand up too. My customers know that this isn't a hangout any more and they will let my problem visitors know and also give me a followup. We rarely have any incidents anymore but at the beginning there were many confrontations like yours. I too am a firm believer that if people aren't civil, they have the CHOICE to go elsewhere.
Thanks Pete for confirming to my wife that this does happen in other laundries.

[dzender]

If anything, the parent deseves to be sued by the mat owner for lost revenue while the machine has been down.

There is no personal responsibility any more. It is always the fault of someone else. I for one am sick of it.

[PeterH]

Pete F MY HERO!!!

I'm going to translate what he said into Spanish!

Now, where's Kitty to tell us we are out of line and the customer is always right! (duck and cover)

[Kitty]

Peter Peter Peter, every situation is different darling and this is no exception. I believe to hold out for the customer first and foremost as they are your bread and butter. But when you bring me stories as the stories above I will not agree with such verbatim.

I always believe we (you / laundry owners) should use the best customer service skills possible. As professionals in this industry we should train and employ the best skilled customer service employees you can find. Not to argue with Pete on this one...

I will agree with Pete on this one as you know I do like to use my sweet voice with customers, but I'm not all sugar and spice. I will use my harsh voice when necessary!!!

I will not overide anything on this one my dear boys... :)

[Kitty]

Jonathan is hysterical~ he is missing his calling.

Please call Jay Leno and see if we can book him?

K

[PeterH]

BC-Washing Machine Death,0244
Charge dropped against teen over death of half-sister in coin
washing machine

MARION, Va. (AP) -- A judge dismissed a manslaughter charge
against a teenager whose 5-year-old half-sister died after he put
her in a coin-operated laundry machine that then began running.

The ruling Thursday by Judge Charles Lincoln came after
prosecutors said they did not believe they could convict the
14-year-old boy.

The boy put 30-pound Hope Wagoner into the triple-load machine
"during a playful game between brother and sister" on June 17 in
Chilhowie, defense attorney John Graham said.

The boy put no coins in the machine but it started anyway,
Graham said. The boy tried "frantically" to stop the washer and
free his sister, taking a large rock from the parking lot to smash
at the glass, Graham said.

The children's mother, Rebecca Wagoner, ultimately used the same
rock to break through the glass and free Hope. The child died of
asphyxiation, a medical examiner ruled.

The washer requires 11 quarters to operate and will not accept
coins until the heavy door is shut, officials have said.

Rebecca Wagoner has sued the washing machine's maker, claiming
it knew the model had a history of starting up without the
insertion of coins but failed to fix the problem. Pellerin Milnor
Corp. of Louisiana responded that the machine had received a new
coin-counter before the accident.

[Kitty]

I'd say...Houston this is a problem!

I know we have had this issue happen to us on occassion before, I for one did not want to give away free washes, not even thinking a child could get locked inside of the machine and be liable for it... but we were proactive and turned the breaker off to the machine.

Wouldn't you say the owner is most liable in this situation if the owner knew the machine was not operating properly before the manufacturer is liable?

[Gary C]

The one that is liable is the brother and the mother.

Gary