Burn on him: Burning man at Burning Man

MoFo · 09-21-2009, 02:11 PM

Burning Man fire victim's suit goes up in smoke

The state Supreme Court has refused to reinstate a lawsuit by a man who approached the flames at the Burning Man festival and got burned.

The justices voted unanimously Wednesday to deny review of an appeal by Anthony Beninati, who sought damages from the promoter of the annual celebration in the Nevada desert.

Beninati, a real estate manager from Los Angeles, was badly burned at the September 2005 event in Black Rock City, Nev. He was making his third visit to the weeklong festival, which ends with the torching of a 60-foot wood sculpture.

Once the Burning Man topples, some participants throw objects into the bonfire. Beninati approached with the photo of a friend who 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, took a few more steps forward, then tripped - over a hidden obstacle, he said - and fell into the fire.

He was badly burned on his hands and legs and was airlifted to a hospital.

Beninati's suit accused Black Rock City LLC, the San Francisco-based promoter, of negligently allowing people to approach the fire without safe pathways.

In a June 30 ruling, the First District Court of Appeal in San Francisco said anyone who takes part in an event with obvious dangers - downhill skiing, mountain climbing or walking up to a bonfire - knowingly risks injury.

"The risk of falling and being burned by the flames or hot ash was inherent, obvious and necessary to the event," the court said in a 3-0 decision that upheld a judge's dismissal of the suit.

Evan Marshall, Beninati's lawyer, said Thursday that suits by people injured in risky activities have been dismissed in the past only when the plaintiff was in a dangerous profession, such as law enforcement, or took part in a hazardous sport.

Marshall said a jury should have been allowed to decide whether the promoter of a cultural event used reasonable care to protect participants from preventable injuries.

The case is Beninati vs. Black Rock, S175409.

http://www.sfgate.com/cgi-bin/articl...#ixzz0RlQTRt9N

acheron · 09-21-2009, 02:19 PM

probably high as a kite at the time, too.

Eclectic · 09-21-2009, 02:24 PM

I would be more interested in knowing what the "hidden object" was.

MoFo · 09-21-2009, 02:26 PM

A CEO in a diaper and bull horns ODing.

Wiseman · 09-21-2009, 02:29 PM

This reminds me of the dude that is suing the city for falling on the wave deck on Queens Quay. If you are a grown up then you should be able to evaluate the risk and accept the consequences for your actions.

sk8 · 09-21-2009, 02:32 PM

A park I worked at was sued by a man who hurt himself sneaking under the "park closed" sign.

He won, stupid as it was. Munderstanding that it was cheaper to throw money at him than go to court. I assume that's what most of these people are hoping for.

Boss Hog · 09-21-2009, 02:39 PM

SEE diwc that's why you don't go near the flames.

[SQUARE] · 09-21-2009, 03:12 PM

All I can say is....

what a douche

khemistry · 09-21-2009, 03:36 PM

Quote:

Originally Posted by Wiseman

This reminds me of the dude that is suing the city for falling on the wave deck on Queens Quay. If you are a grown up then you should be able to evaluate the risk and accept the consequences for your actions.

I saw him on TV & what a waste of airtime that was. Funny thing is Citynews reporter walk on it with her hills and almost trip. Who the fuck in the right mind would walk on that wave deck with their hills on.

WestsideWax · 09-21-2009, 04:34 PM

Quote:

Originally Posted by acheron

probably high as a kite at the time, too.

sentence · 09-21-2009, 06:59 PM

I feel like this guy is a douche twice over. First, because he walked into a 60ft bonfire. And secondly, because he didn't hire a good enough lawyer who was capable of showing that having a 60ft bonfire at a party in the desert attended by tens of thousands of people, who may or may not be intoxicated, with no barriers keeping the crowd at a safe distance or even boundaries indicating what a safe distance might be, is even a little bit reckless on behalf of the promoter.

that 420 guy · 09-21-2009, 08:45 PM

no one is (or should be) responsible for you except you.

xtc · 09-21-2009, 09:35 PM

that's why I don't do drugs.

sentence · 09-22-2009, 11:24 AM

Quote:

Originally Posted by that 420 guy

no one is (or should be) responsible for you except you.

That's a crock of shit. You need to be responsible for how your actions affect those around you as well. Basically that ticket is saying that the promoters can do whatever they want no matter how it affects the thousands of people around them. It even says if we're negligent, we're not responsible!? So what happens when an officer or director of Burning drives recklessly and kills someone at the festival? Does this ticket free them of all liability? They have no responsibility for anyone but themselves? I suppose so since, according to you, people should only be responsible for themselves and shouldn't worry about anyone around them.. Just because you write some shit on a ticket it doesn't mean everyone actually reads it, and certainly doesn't mean everyone comprehends it. Is Black Rock City somehow free of all rules and moral standards of society? I know the harcore's would love to think that, but it's simply not true.

I have no hate on for Burning Man whatsoever, but I can't believe a Judge sided with them on this one. Burning Man definitely needs to be at least partially responsible for their actions and their effect on those around them at an event that they organize and charge $260 for. I can't believe a lawyer couldn't convince the judge of that, but then again at $260 x (roughly) 50,000 people, Burning Man can probably afford a way better lawyer.

starr · 09-22-2009, 11:38 AM

um, the guy walked into the fire.
i think the judge was spot on.

MoFo · 09-22-2009, 12:21 PM

I agree somewhat with this loser who walked into the fire. There should be SOME third party liability insurance. Of course, that costs the organizers waaaaaay more money and it would eat into their production costs considering how many people attend and all the shit that goes down. No insurance company is touching that mess probably.

I too am surprised the lawyer couldn't at least convince the festival to take on some responsibility.

In this world, ya we're all somewhat responsible for ourselves. But the event is put on by someone else so let's say that Burning Man burning man collapses suddenly and kills 40 people around it and injures 200. Then what?

Or one of the concert stages (are there concert stages?) collapses and kills a few people in the front?

Caz · 09-22-2009, 12:23 PM

How come promoters can get jail time when a club fire breaks out or something? They could have just put a disclaimer on the ticket, and everything would come up milhouse?

Quote:

Originally Posted by xtc

that's why I don't do drugs.

lol xtc

acheron · 09-22-2009, 12:28 PM

Burning Man has so far evaded a major incident but they're definitely due for some kind of large scale negative event. It's only a matter of time.

derek · 09-22-2009, 12:32 PM

didn't someone die in 2001 a few weeks after being severely burned when the playa collapsed, or they got too close.

as much as it will ruin the 'free love' atmosphere, there probably needs to be better safety measures around 'the playa' to protect the retards that haven't discovered fire yet.

Jeffsus · 09-22-2009, 12:38 PM

So this guy walked seven to ten feet into a fire and got burned... He deserves nothing. If a big burning orange fire isn't enough to warn "DANGER" then somehow I doubt a small orange "danger" sign or fence could either....

That being said, I am curious about what kind of safety measures they have at the festival. I've never been there myself. But when a burning wooden structure is 60 feet tall, it's going to collapse, and I'm just curious about how they manage the safety of that collapse. Are there barriers to maintain a minimum distance of any kind? I could imagine that during the collapse, timbers could fall on each other in such a way to catapult wood into a crowd.... If the thing collapsed and a burning wooded plank plank was flung 80 feet into the crowd, I'd expect there to be some liability on part of the organizers...

Just curious.

-jM
A&D

MissBlu · 09-22-2009, 12:39 PM

i don't know if it would ruin the free love atmosphere - however they would definitely have to put more planning into the event as a whole. the organizers would have to prove that they were considering everyones safety - and i am sure it could be done.

renting barriers and signage doesn't seem like such a big deal in the grand scheme of things. it's too bad common sense isn't common, but there is always going to be an idiot that will ruin it for everyone else.

Flashy_McFlash · 09-22-2009, 12:45 PM

I'm frankly shocked that this is the first time this has happened.

MoFo · 09-22-2009, 01:05 PM

Quote:

Originally Posted by Jeffsus

So this guy walked seven to ten feet into a fire and got burned... He deserves nothing.

He fell.
And we all sit around giant bonfires when we camp and go to the cottage. Yes, it's fire but I'm sure he didn't think he was going to trip and fall into it.

kaniz · 09-22-2009, 01:06 PM

When I first read this, I thought he said "walked 7 to 10 feet towards the burning embers"

But no, He walked 7 to 10 feet INTO the burning embers,

When someone walks 10 feet into a pile of burning embers resulting from a 60ft wood man being set on fire is assuming some level of risk that they might get burned.

MissBlu · 09-22-2009, 01:07 PM

Quote:

Originally Posted by MoFo

He fell.
And we all sit around giant bonfires when we camp and go to the cottage. Yes, it's fire but I'm sure he didn't think he was going to trip and fall into it.

i have a friend who fell into a bush party bonfire when we were all teenagers. it was scary stuff, however she didn't try and sue anyone...

09-21-2009, 02:11 PM	#1
MoFo Member Join Date: Jun 2000 Location: Hugging Danny Tanner! Posts: 63,773	Burn on him: Burning man at Burning Man Burning Man fire victim's suit goes up in smoke The state Supreme Court has refused to reinstate a lawsuit by a man who approached the flames at the Burning Man festival and got burned. The justices voted unanimously Wednesday to deny review of an appeal by Anthony Beninati, who sought damages from the promoter of the annual celebration in the Nevada desert. Beninati, a real estate manager from Los Angeles, was badly burned at the September 2005 event in Black Rock City, Nev. He was making his third visit to the weeklong festival, which ends with the torching of a 60-foot wood sculpture. Once the Burning Man topples, some participants throw objects into the bonfire. Beninati approached with the photo of a friend who 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, took a few more steps forward, then tripped - over a hidden obstacle, he said - and fell into the fire. He was badly burned on his hands and legs and was airlifted to a hospital. Beninati's suit accused Black Rock City LLC, the San Francisco-based promoter, of negligently allowing people to approach the fire without safe pathways. In a June 30 ruling, the First District Court of Appeal in San Francisco said anyone who takes part in an event with obvious dangers - downhill skiing, mountain climbing or walking up to a bonfire - knowingly risks injury. "The risk of falling and being burned by the flames or hot ash was inherent, obvious and necessary to the event," the court said in a 3-0 decision that upheld a judge's dismissal of the suit. Evan Marshall, Beninati's lawyer, said Thursday that suits by people injured in risky activities have been dismissed in the past only when the plaintiff was in a dangerous profession, such as law enforcement, or took part in a hazardous sport. Marshall said a jury should have been allowed to decide whether the promoter of a cultural event used reasonable care to protect participants from preventable injuries. The case is Beninati vs. Black Rock, S175409. http://www.sfgate.com/cgi-bin/articl...#ixzz0RlQTRt9N

09-22-2009, 12:38 PM	#20
Jeffsus Member Join Date: Feb 2001 Location: Right here! Posts: 9,246	So this guy walked seven to ten feet into a fire and got burned... He deserves nothing. If a big burning orange fire isn't enough to warn "DANGER" then somehow I doubt a small orange "danger" sign or fence could either.... That being said, I am curious about what kind of safety measures they have at the festival. I've never been there myself. But when a burning wooden structure is 60 feet tall, it's going to collapse, and I'm just curious about how they manage the safety of that collapse. Are there barriers to maintain a minimum distance of any kind? I could imagine that during the collapse, timbers could fall on each other in such a way to catapult wood into a crowd.... If the thing collapsed and a burning wooded plank plank was flung 80 feet into the crowd, I'd expect there to be some liability on part of the organizers... Just curious. -jM A&D Last edited by Jeffsus; 09-22-2009 at 12:40 PM.

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09-21-2009, 02:19 PM	#2
acheron Member Join Date: Mar 2001 Location: Aisle 7 Posts: 18,114	probably high as a kite at the time, too.

09-21-2009, 02:24 PM	#3
Eclectic Member Join Date: Sep 2001 Location: Saskatoooooooooon! Posts: 14,380	I would be more interested in knowing what the "hidden object" was.

09-21-2009, 02:26 PM	#4
MoFo Member Join Date: Jun 2000 Location: Hugging Danny Tanner! Posts: 63,773	A CEO in a diaper and bull horns ODing.

09-21-2009, 02:29 PM	#5
Wiseman Member Join Date: May 2004 Location: Picture this we were both buck naked Posts: 17,797	This reminds me of the dude that is suing the city for falling on the wave deck on Queens Quay. If you are a grown up then you should be able to evaluate the risk and accept the consequences for your actions.

09-21-2009, 02:32 PM	#6
sk8 Member Join Date: Jul 2002 Location: snowsuitville Posts: 15,066	A park I worked at was sued by a man who hurt himself sneaking under the "park closed" sign. He won, stupid as it was. Munderstanding that it was cheaper to throw money at him than go to court. I assume that's what most of these people are hoping for.

09-21-2009, 02:39 PM	#7
Boss Hog Member Join Date: Sep 2000 Location: applying for the high school get-along gang Posts: 51,269	SEE diwc that's why you don't go near the flames.

09-21-2009, 03:12 PM	#8
[SQUARE] Member Join Date: Dec 2001 Location: riding the sufferin bus Posts: 1,902	All I can say is.... what a douche

09-21-2009, 06:59 PM	#11
sentence Member Join Date: Feb 2002 Location: footwork Posts: 3,046	I feel like this guy is a douche twice over. First, because he walked into a 60ft bonfire. And secondly, because he didn't hire a good enough lawyer who was capable of showing that having a 60ft bonfire at a party in the desert attended by tens of thousands of people, who may or may not be intoxicated, with no barriers keeping the crowd at a safe distance or even boundaries indicating what a safe distance might be, is even a little bit reckless on behalf of the promoter.

09-21-2009, 08:45 PM	#12
that 420 guy Member Join Date: Jan 2000 Location: black rock city Posts: 7,166	no one is (or should be) responsible for you except you.

09-21-2009, 09:35 PM	#13
xtc Member Join Date: Sep 2009 Location: building with internet access Posts: 134	that's why I don't do drugs.

09-22-2009, 11:38 AM	#15
starr Member Join Date: Feb 2001 Location: down by the bay Posts: 11,201	um, the guy walked into the fire. i think the judge was spot on.

09-22-2009, 12:21 PM	#16
MoFo Member Join Date: Jun 2000 Location: Hugging Danny Tanner! Posts: 63,773	I agree somewhat with this loser who walked into the fire. There should be SOME third party liability insurance. Of course, that costs the organizers waaaaaay more money and it would eat into their production costs considering how many people attend and all the shit that goes down. No insurance company is touching that mess probably. I too am surprised the lawyer couldn't at least convince the festival to take on some responsibility. In this world, ya we're all somewhat responsible for ourselves. But the event is put on by someone else so let's say that Burning Man burning man collapses suddenly and kills 40 people around it and injures 200. Then what? Or one of the concert stages (are there concert stages?) collapses and kills a few people in the front?

09-22-2009, 12:28 PM	#18
acheron Member Join Date: Mar 2001 Location: Aisle 7 Posts: 18,114	Burning Man has so far evaded a major incident but they're definitely due for some kind of large scale negative event. It's only a matter of time.

09-22-2009, 12:32 PM	#19
derek Member Join Date: Apr 2001 Location: yonder Posts: 8,825	didn't someone die in 2001 a few weeks after being severely burned when the playa collapsed, or they got too close. as much as it will ruin the 'free love' atmosphere, there probably needs to be better safety measures around 'the playa' to protect the retards that haven't discovered fire yet.

09-22-2009, 12:39 PM	#21
MissBlu Member Join Date: Aug 2005 Location: The Woodlands Posts: 14,940	i don't know if it would ruin the free love atmosphere - however they would definitely have to put more planning into the event as a whole. the organizers would have to prove that they were considering everyones safety - and i am sure it could be done. renting barriers and signage doesn't seem like such a big deal in the grand scheme of things. it's too bad common sense isn't common, but there is always going to be an idiot that will ruin it for everyone else.

09-22-2009, 12:45 PM	#22
Flashy_McFlash Member Join Date: May 2004 Posts: 51,857	I'm frankly shocked that this is the first time this has happened.

09-22-2009, 01:06 PM	#24
kaniz Member Join Date: Jul 2004 Location: ~/ Posts: 9,877	When I first read this, I thought he said "walked 7 to 10 feet towards the burning embers" But no, He walked 7 to 10 feet INTO the burning embers, When someone walks 10 feet into a pile of burning embers resulting from a 60ft wood man being set on fire is assuming some level of risk that they might get burned.