Police Officer sues over puddle

[Hon'ya-chan]

In January, 1-year-old Joey Cosmillo wandered into the backyard and fell into the family pool. When his mother hauled him out, he wasn't breathing. Rescuers were able to bring him back to life, but he suffered severe brain damage and cannot walk, talk or even swallow.

Now, his family faces another burden: One of the rescuers, Casselberry police Sgt. Andrea Eichhorn, is suing, alleging the family left a puddle of water on the floor that afternoon, causing her to slip and fall.

http://www.sun-sentinel.com/news/loc...tory?track=rss

[iradney]

Um
the kid FELL IN THE POOL. They brought him INDOORS to save him and he was obviously WET. When your child's life is in danger, the last thing you think of is housework.
Her bills were paid by the city, but she's claiming it wasn't enough? the gall of this woman!

[Ree]

OK..playing devil's advocate, not that I think there is any need for this suit, and she is a heartless bitch for filing it, but there is some merit in what she's saying.

She is not complaining that they didn't clean up the water during a traumatic moment. She is saying that the accident never should have happened in the first place, and then she would not have been called to the scene, where she slipped and damaged her knee so badly that she was unable to perform her job.

The family obviously did not have a childproofed pool, or the little guy would not have fallen in. That's the basic fact of her claim. If they had taken the time to put a fence around the pool, the mother might have noticed that the little guy had wandered off before he had a chance to fall in the pool and drown.

Her medical bills were paid by the city, but it was not enough to cover the full bill.

The way I see it, though, being a police officer is a high risk job. You know that going in. Every time you leave the station to go on a call, there is always the potential for a situation where you may not be coming back to your job at the end of the shift.

This sets a precedent for police to sue anyone causing accidents or crimes if the police officer gets injured during the investigation or rescue.

I think this family has suffered enough, and they are probably already dealing with the guilt. This is just cruel.

[crazylegs]

Being the other side of the fence as it were...

There was an accident, I am all for suing crininals for injuries caused, but a rescue scene after a possible drowning? She should have undertaken a dynamic risk assesment (as all UK police are told to do) and realised that the floor was likely to be wet, therefore your tread carefully, its not hard.

Stay Safe

[RecoveringKinkoid]

They should simply plaster this woman's picture all over everything to make sure everyone knows what she looks like.

She won't be able to order a cup a coffee in the city.

What, she didnt' know her job might be be dangerous?

[iradney]

True, if the pool were child-proofed, this wouldn't have happened. But, children can drown in as little as 2 inches of water. All you need is a heavy rain, and let the kid outside to play in the garden.
Here in SA, a few months ago, a toddler that was about the same age as the victim, drowned in a BUCKET.

[Kara]

I hope this case gets thrown out. I hope she gets her badge taken away. I hope she can't walk down the street without having something thrown at her head.

Oh, if the parents had been watching, the accident wouldn't have occurred and she wouldn't have been in the situation at all? Kids get away, alright? You look away for a second, and they're halfway across the yard or wandering down a different aisle at the store. You feel like the worst parent in the world, but it happens to all of us. When our 2 year old was a baby, we were dealing with a poop emergency with our daughter, and he picked that moment to go recover a toy car he had pushed down the stairs. We were up beating ourselves emotionally all night, but these things happen (he was okay, by the way, he's built like a tank).

It was an accident. They happen. The last thing the family needs is someone taking advantage of that fact for personal gain. What a vile, despicable woman.

Should I sue the US Army? If they hadn't sent my father to Iraq, he wouldn't have been blown up and need physical therapy for the rest of his life, wouldn't be in pain the rest of his life? Maybe I should sue Bush. Hell, no one would have a problem with that would they? If he hadn't declared war in the first place, my father wouldn't have been put in that situation.

/Rant

I grow more and more disgusted with humanity every single day......

[Knightmare]

This is a HUGE topic of debate over here in Florida. The newspapers, radio shows and television news are leading with this story.

Sgt. Andrea Eichhorn has a good record as a police officer. It's a shame to tarnish it with this frivolous lawsuit.

Yeah, she may have hurt her knee, and may develop arthritis. But guess what? I have arthritis in my knees from playing sports. You don't see me suing the school board of my old high school and college.

When you become a police officer, you expect some danger. You aren't working in a basket making factory. You are there to serve and protect. You may get shot, stabbed, run over, or killed. That's part of the job.

I wish this case would get thrown out. But you know that won't happen. Not with our legal system.

[MystyGlyttyr]

I don't care how good of an officer she supposedly is. Shit happens. It'd be one thing if, in the heat of the moment, perhaps the mother had shoved her over and that was how she got hurt. Then I could at least understand (not agree with, but understand) her suing. I could agree with it if perhaps there was some large dog who attacked the officer when she entered the house.

But everything involved here was completely accidental. It'd be like if she ran into a burning building to save a baby, suffered smoke inhalation, and then sued the homeowners because their cat knocked over a candle. It'd be like if I sued because I took a job that brings me into contact with bereaved families and I suffer emotional trauma from it. It'd be like me suing Vince McMahon because his WWE made me want to become a wrestler and I busted my head in an indies ring.

Unsafe environment my ass. What happened was a fluke, one of tons of flukes that could happen any time to anyone, and this bitch is trying to grub in the money on a family that's already suffering enough. I hope she gets held in contempt of court and arrested for filing false charges or SOMETHING.

[Titi]

The officer has been placed on leave and is said to be dropping the suit.

http://www.orlandosentinel.com/news/...l_tab01_layout

Too little, too late in my book. She should have never filed the suit in the first place. Next time listen the your police chief.(He advised her not to file suit.)

And Ree, while I understand the viewpoint that if the pool had been childproofed (still not perfect because kids can figure out ways around things like that. ) she wouldn't have been called to scene, I could possibly understand if the family had just decided to call to 911 to get the child out of the pool and she had been injured while doing that, (even though I still do not see suing a family that is already going through so much.) I cannot blame the family for failing to mop up the floor when the child was brought inside and they were trying save him and thereby creating an unsafe area for the responding people. (which is what her lawyer was saying.)

[Ree]

And Ree, while I understand the viewpoint that if the pool had been childproofed (still not perfect because kids can figure out ways around things like that. ) she wouldn't have been called to scene, I could possibly understand if the family had just decided to call to 911 to get the child out of the pool and she had been injured while doing that, (even though I still do not see suing a family that is already going through so much.) I cannot blame the family for failing to mop up the floor when the child was brought inside and they were trying save him and thereby creating an unsafe area for the responding people. (which is what her lawyer was saying.)

Actually, what I read had nothing to do with the fact that water wasn't mopped up, and was related entirely to the fact that the family did not have proper safety features in place to prevent a child from drowning.
"If the Cosmillos had made their pool baby-proof, police would not have been called to the scene, there would have been no water on the floor, and Eichhorn would not have hurt herself, he said."

Yes, children have ways of getting around safety gates, and can get into mischief very quickly.
The thing is, if a child wanders off, the fence or gate will at least slow them down so that there is a better chance of Mom noticing the child gone before he actually manages to get through the fence. (Not saying it WON'T happen, just saying it cuts the risk.)

Also, I didn't say I agreed with her suit, and I am not judging the family at all, because they have certainly suffered enough, but every year over 200 children die in drowning deaths. I still say, if a family has both a pool and a child, they should do their best to at least try to prevent drowning.
A complete lack of a safety fence or gate is not trying to minimize the risk, in my opinion.

[iradney]

Ha - seems this journalist shares the opinion that she's being a bit frivolous:

http://www.orlandosentinel.com/news/...1145377.column

When people become police officers, they assume certain risks, such as getting pushed, hit, kicked, stabbed and even shot. If any of the people inflicting such abuse on them had any money, I certainly would support the cops suing them silly.

[crazylegs]

thereby creating an unsafe area for the responding people.

All Rescues take place in an inherently unsafe environment, hence the requirment for a rescue, she didn't take care of herself, its her fault.

Stay Safe

[rvdammit]

No matter how baby, child or idiot proof something is made, a better baby, child or idiot is istantly generated.

[blas]

Sorry but this woman's reputation does deserve to be tarnished due to her frivolous suit.

Police have been shot at, attacked, beaten.....stabbed. Hell, a state patroller was recently RUN OVER by someone in Wisconsin. Every time they pull someone over, every call they have to go to, there is a risk that they will not make it home all in one piece or at all. It's part of the risk. If you don't want to accept that, don't become a cop.

Besides, cops have very good insurance and it's not like she was an average joe and had to pay nearly all of it out of pocket anyway. That bitch needs to STFUPLZ.