Cody Ceci sued for 8 million for freak accident

[Red Piller]

http://www.law.harvard.edu/programs/olin_center/papers/pdf/Ramseyer_681.pdf

I’m not reading 44 pages. The stuff I skimmed through was a lot of class actions. That I will give you sure. Tons more class actions in the US. People don’t benefit from those, lawyers do.

 

[Boom Boom Apathy]

Obviously at this time and age, if you start collecting your guests' car keys into a bowl you may open a whole different can of worms.

I found that out the hard way.

 

[Lempo]

I found that out the hard way.

"No, Cheryl, it's for your own good. We gotta see who is going to drive you home. You're gonna thank me tomorrow."

 

[Hammettf2b]

That's how lawsuits tend to work but usually when an employee of a corporation ****s up. Or a parent. Generally someone with a duty to properly supervise or is responsible for the lack of training/teaching that caused the accident.

Really not sure what legal theory she could use against Cody. Unless Canada has some legal maxim that asserts a vicarious liability standard under a negligence claim to someone's romantic partner. Which I really doubt. From what I gather this was a social event but Cody's girlfriend was not an employee or agent of his to establish he had some duty to control her negligence.

Probably gonna have Cody dropped as a party to the lawsuit. But, if the damages are reasonably calculated to be 8 million the girlfriend can still be held liable for that amount. And by extension, presuming Cody doesn't dump her, he's probably gonna be on the hook for the victim's award. At least partially.

Ya, good luck with that. What do you know. What are you, some kind of lawyer?!?!?

 

[Lempo]

That's how lawsuits tend to work but usually when an employee of a corporation ****s up. Or a parent. Generally someone with a duty to properly supervise or is responsible for the lack of training/teaching that caused the accident.

Really not sure what legal theory she could use against Cody. Unless Canada has some legal maxim that asserts a vicarious liability standard under a negligence claim to someone's romantic partner. Which I really doubt. From what I gather this was a social event but Cody's girlfriend was not an employee or agent of his to establish he had some duty to control her negligence.

Probably gonna have Cody dropped as a party to the lawsuit. But, if the damages are reasonably calculated to be 8 million the girlfriend can still be held liable for that amount. And by extension, presuming Cody doesn't dump her, he's probably gonna be on the hook for the victim's award. At least partially.

If it was in his place, he was the host of the social gathering and that probably makes her a hostess. It's iffy (=expensive).

 

[HanSolo]

Ya, good luck with that. What do you know. What are you, some kind of lawyer?!?!?

Legally no. But I do specialize in bird law and other associated lawyerings.

 

[joe dirte]

I’m not reading 44 pages. The stuff I skimmed through was a lot of class actions. That I will give you sure. Tons more class actions in the US. People don’t benefit from those, lawyers do.

Did you skip the chart on page 5 showing that there are 4 times as man judges per capita, 15 times as many lawyers per capita, and moat importantly 4 times as many suits filed per capota in the usa?

If the fact that there are 4 times as many suits filed in the USA prove that there is more litigation in the USA, i dont know what does. At this point, youre just being obtuse.

 

[Hammettf2b]

Legally no. But I do specialize in bird law and other associated lawyerings.

til: Birds have laws.

 

[David Dennison]

Legally no. But I do specialize in bird law and other associated lawyerings.

I interacted with a maritime lawyer in my work not too long ago, took all of my might to not make a lot Attested Development jokes.

 

[Lempo]

til: Birds have laws.

Lynyrd Skynyrd sold out.

 

[HanSolo]

If it was in his place, he was the host of the social gathering and that probably makes her a hostess. It's iffy (=expensive).

I guess it's true. Just a tough legal argument to make. I'm just going off what I know about American law. Everyone thinks if an injury happens on someone's property that's automatic award of damages but there's actually a standard even if it is your property that the condition on land must be such that could reasonably be expected by the property owner to cause an injury. I never learned about on owned property vicarious liability but if Ceci can prove he had no way of knowing such an accident would occur I think he can escape individual liability. His girlfriend not so much. It's reasonably expected that not handling lighter fluid with care can lead to severe damage. She had a duty of care to the victim. If Ceci didn't know she was going to even use lighter fluid in any capacity then he's probably fine, though still likely honorbound to pay his girlfriend's legal costs.

 

[Hammettf2b]

Lynyrd Skynyrd sold out.

wooooo Free Bird!!!

 

[Lt Dan]

That's how lawsuits tend to work but usually when an employee of a corporation ****s up. Or a parent. Generally someone with a duty to properly supervise or is responsible for the lack of training/teaching that caused the accident.

Really not sure what legal theory she could use against Cody. Unless Canada has some legal maxim that asserts a vicarious liability standard under a negligence claim to someone's romantic partner. Which I really doubt. From what I gather this was a social event but Cody's girlfriend was not an employee or agent of his to establish he had some duty to control her negligence.

Probably gonna have Cody dropped as a party to the lawsuit. But, if the damages are reasonably calculated to be 8 million the girlfriend can still be held liable for that amount. And by extension, presuming Cody doesn't dump her, he's probably gonna be on the hook for the victim's award. At least partially.

You are more right that you realize


I am not versed in Canadian law, but applying what I know from American law

She was at " a dinner party hosted by Cody Ceci
If she was at Ceci's house, there is premises liability

But mostly, Ceci has way deeper pockets that his romantic partner so the lawyer is going after the deeper pockets. I have seen suits like this where people have tried to tie in family members, employers, etc to try to get to deeper pockets. Lawyers also try to name as many people as possible for larger settlements (Remember most lawsuits never see court) the more people sued the lower the amount each party pays and they assume it is easier for someone to settle for a fraction the whole thing




Note: I personally don't agree with any of the actions or legal theories above, but it is the world we live in

 

[Hammettf2b]

I guess it's true. Just a tough legal argument to make. I'm just going off what I know about American law. Everyone thinks if an injury happens on someone's property that's automatic award of damages but there's actually a standard even if it is your property that the condition on land must be such that could reasonably be expected by the property owner to cause an injury. I never learned about on owned property vicarious liability but if Ceci can prove he had no way of knowing such an accident would occur I think he can escape individual liability. His girlfriend not so much. It's reasonably expected that not handling lighter fluid with care can lead to severe damage. She had a duty of care to the victim. If Ceci didn't know she was going to even use lighter fluid in any capacity then he's probably fine, though still likely honorbound to pay his girlfriend's legal costs.

Even if he is taken off of the lawsuit? if so, why?

 

[Lempo]

I guess it's true. Just a tough legal argument to make. I'm just going off what I know about American law. Everyone thinks if an injury happens on someone's property that's automatic award of damages but there's actually a standard even if it is your property that the condition on land must be such that could reasonably be expected by the property owner to cause an injury. I never learned about on owned property vicarious liability but if Ceci can prove he had no way of knowing such an accident would occur I think he can escape individual liability. His girlfriend not so much. It's reasonably expected that not handling lighter fluid with care can lead to severe damage. She had a duty of care to the victim. If Ceci didn't know she was going to even use lighter fluid in any capacity then he's probably fine, though still likely honorbound to pay his girlfriend's legal costs.

It's tough to make and uphold in court. But, when men of law jabber jaw and go tit for tat, both sides probably acknowledge the iffiness of their cases to the extent that settling the case with a sum you feel you can accept starts to look like a very good idea.

 

[Little Psycho]

She needs to get what she can. That's terrible.

 

[I Hate Blake Coleman]

Yeah, she deserves something for her pain and suffering. Just lucky that the party was held by a multimillionaire, isn't it? Tough to get 8 million out of a coal miner.

I'm European so I just don't get these multi million dollar lawsuits, but whatever. You seem happy with the system, so what the hell do I know.

These things drag out in courts. It will be years before a decision is made, unless they settle.

 

[HanSolo]

You are more right that you realize


I am not versed in Canadian law, but applying what I know from American law

She was at " a dinner party hosted by Cody Ceci
If she was at Ceci's house, there is premises liability

But mostly, Ceci has way deeper pockets that his romantic partner so the lawyer is going after the deeper pockets. I have seen suits like this where people have tried to tie in family members, employers, etc to try to get to deeper pockets. Lawyers also try to name as many people as possible for larger settlements (Remember most lawsuits never see court) the more people sued the lower the amount each party pays and they assume it is easier for someone to settle for a fraction the whole thing




Note: I personally don't agree with any of the actions or legal theories above, but it is the world we live in

But applying even premises liability there is the question of status trichotomy and general duty of care. The general duty of reasonable care (as opposed to a statutory duty) is one has to prevent injury from foreseeable risks of harm. That applies even to guests.

Put in simple terms, you can't get sued if someone spills their drink on your floor then falls and hits their head on a wall. Or they can but the plaintiff won't win. Liability for negligence comes from failing to stop an injury that is reasonably foreseeable. Ceci as a property owner couldn't have foreseen his girlfriend would be clumsy with lighter fluid unless she told him she was going to use it or he told her to do so. Or he saw it. Either way he needs to have some knowledge of the risk since it wasn't a pre existing condition on the property.

The girlfriend on the other hand had a duty to handle a flammable chemical responsibly.

 

[Lt Dan]

These things drag out in courts. It will be years before a decision is made, unless they settle.

First step on Ceci's end is to try to get him removed from the suit via summary judgement.

 

[HanSolo]

It's tough to make and uphold in court. But, when men of law jabber jaw and go tit for tat, both sides probably acknowledge the iffiness of their cases to the extent that settling the case with a sum you feel you can accept starts to look like a very good idea.

I'm sure this is what's going to end up happening. I don't know the extent of her injuries but I find the claim that 8 million is for medical costs to be a bit dubious. Pain and suffering+loss of enjoyment of life is another matter though.

 

[Lt Dan]

But applying even premises liability there is the question of status trichotomy and general duty of care. The general duty of reasonable care (as opposed to a statutory duty) is one has to prevent injury from foreseeable risks of harm. That applies even to guests.

Put in simple terms, you can't get sued if someone spills their drink on your floor then falls and hits their head on a wall. Or they can but the plaintiff won't win. Liability for negligent comes from failing to stop an injury that is reasonably foreseeable. Ceci as a property owner couldn't have foreseen his girlfriend would clumsy with lighter fluid unless she told him she was going to use it or he told her to do so.

The girlfriend on the other hand had a duty to handle a flammable chemical responsibly.

I didn't state an opinion in my other post.

My opinion tho
I don't think Ceci is 1% liable. But that doesn't stop a lawyer from trying to sue. As you know anyone can sue anyone for just about anything. Winning is another story.

Also my opinion, Accidents happen. this lady was a friend ( to get invited to the party) and this is an attempt at a cash grab on her part

 

[HanSolo]

I didn't state an opinion in my other post.

My opinion tho
I don't think Ceci is 1% liable. But that doesn't stop a lawyer from trying to sue. As you know anyone can sue anyone for just about anything. Winning is another story.

Also my opinion, Accidents happen. this lady was a friend ( to get invited to the party) and this is an attempt at a cash grab on her part

Yes. You can sue for anything under the moon but it's also worth pointing out as an aside that lawyers can be disciplined for asserting frivolous claims so generally speaking, the truly stupid lawsuits like "she called me a bitch and it ruined my day" really only get filed by litigants without lawyers.

But on the other hand I don't view this lawsuit as a pure money grab. Severe burns and scarring, not to mention emotional trauma are good causes of action and she deserves compensation for her injuries. I just don't agree that Ceci is liable for it and he was tacked on purely because he's a millionaire pro athlete.

 

[WingsMJN2965]

Throwing a Holiday Party? Social Host Liability - What You Need to Know

Huh. Weird.

Well there's half the problem. You're talking Canadian law and I'm talking American.

Though I'll give you credit, this is a Canadian case.

In either country though, I'm betting the level you have to go to to prove the server or host's negligence is insane.

 

[Nick Hansen]

Don't really understand the need people have to gossip over private stuff like this involving people they've never met and don't know anything about. This is a pure gossip thread - no more, no less.

 

[TheAngryHank]

Would homeowners insurance cover this accident?