Judge: Woman Burned By Candle Can Sue Archdiocese

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A woman severely burned when her skirt caught fire while she was praying near a statue of a Catholic saint can seek punitive damages against the Archdiocese of Los Angeles, a judge ruled Wednesday.

Los Angeles Superior Court Judge Rolf M. Treu ruled the attorney had made a basic showing that church officials acted in reckless disregard for the safety of its parishioners.

Full story: cbs2.com/topstories/local_story_073132346.html
 
i just don’t understand. If you saw a bunch of candles why would you go right up next to them a start praying. Statue are there to help you focus your prayer and that they hold no magically powers so you don’t need to touch the statue then why would you get so close to one? people need to use common sense. Burning candles+ loose clothing+bad judgement = disaster.

Maybe the diocese insurance could help pay for the medical costs but she was just as much fault as anything the church may have done. No punative damages. i can see it now…no lit candles in the building without paid superviosr…which means no candle next to the tabernacular in the night to show that jesus is there.
 
Cardinal Mahoney’s diocese is the only place I could see something like this happening…
 
Timidity said:
Why? Is it the only diocese that you can imagine having 200 candles at a shrine?
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Gee, another crazy ruling from a California court. Need I say more? :rolleyes:

However to be fair, I haven’t seen the facts of the case.
 
However, a Mary Immaculate Church employee responsible for keeping the premises safe admitted in a deposition that she knew nearly nine months before Martin was burned that the candles around the statue were a growing danger, according to the Martins’ court papers.
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. . .In his ruling, Treu noted that a church maintenance worker said that three months before Martin was injured he helped a little girl whose hair ignited when leaning over the candles near the same statue.
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The worker also said he helped a woman whose skirt caught fire about three months after Martin was hurt, according to the lawsuit.
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It seems that candles on the ground around people’s feet are an obvious danger. The empolyees testimony indicates that many recognized that and had advised against it. I tsuspect that fits any reasonable definition of negligence.
 
beckers said:
i just don’t understand. If you saw a bunch of candles why would you go right up next to them a start praying. Statue are there to help you focus your prayer and that they hold no magically powers so you don’t need to touch the statue then why would you get so close to one? people need to use common sense. Burning candles+ loose clothing+bad judgement = disaster.

Maybe the diocese insurance could help pay for the medical costs but she was just as much fault as anything the church may have done. No punative damages. i can see it now…no lit candles in the building without paid superviosr…which means no candle next to the tabernacular in the night to show that jesus is there.
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You are presuming the facts of the case. Nothing said that she saw the candles. Nor has there been a showing that she was as much at fault as the parish. why not let the case at least be presented, meaning that the evidence has been presented, before you make a decision?
 
What I don’t understand is why the Church has candles on the ground in the first place. Even if this case had never happened its stupid to have them on the ground. What if a person accidently knocks a few to the ground and the carpet or church gets caught fire? I have been in many churches where there are statues and candles but the candles are on a table or stand specifically designed for 6 day or 6 hour candles. Does anybody know if these were 6 day or 6 hour candles?
 
Simply remove all the candles. If people are intelligent enough to stay away from them, take them away. The Church is paying out enough in settlements, cut our losses.
 
She should retain the same lawyer as the woman who burned herself with McDonald’s coffee.
 
Al_Masetti said:
She should retain the same lawyer as the woman who burned herself with McDonald’s coffee.
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Ah, but the lawyer did not award the McDonald’s woman the money. The jury did.

Have you ever tried to get out of jury duty?
 
Apherius said:
Simply remove all the candles. If people aren’t(?) intelligent enough to stay away from them, take them away. The Church is paying out enough in settlements, cut our losses.
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They should put the candles on a votive candle rack, or on a table. They shouldn’t be on the ground. It would have been much worse had it been a toddler who had wandered away from its mother.
 
Timidity said:
A woman severely burned when her skirt caught fire while she was praying near a statue of a Catholic saint can seek punitive damages against the Archdiocese of Los Angeles, a judge ruled Wednesday.

Los Angeles Superior Court Judge Rolf M. Treu ruled the attorney had made a basic showing that church officials acted in reckless disregard for the safety of its parishioners.
Full story: cbs2.com/topstories/local_story_073132346.html
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As if the RCC didnt have enough law suit problems something like this has to happen.

“Reckless disregard for the safety” sounds like they are all scoundrels doesnt it? The courts have ready-made bag of statements custom made for any occassion it guess.
 
StMarkEofE said:
As if the RCC didnt have enough law suit problems something like this has to happen.

“Reckless disregard for the safety” sounds like they are all scoundrels doesnt it? The courts have ready-made bag of statements custom made for any occassion it guess.
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That has been used by the courts for decades if not centuries. It is normal pleading of a case.
 
My church has no candle holders on the floor but it does not stop people from occasionally bringing their own candles and placing them near a particular statue. They are removed, but someone could kick one over if the staff had not yet removed it.

If the woman was not legally blind, then I don’t see how she could miss seeing candles with flames high enough above their holders (if any) to catch her clothing on fire. The whole thing seems a bit odd. Additionally, I cannot imagine that she was not offered the cost of medical care by the diocese even if it was just to avoid a lawsuit, so it appears like she might want a payday. (Of course, I’m just a semi-cynical lawyer.)
 
The candles wouldn’t have lit any carpet on fire because they were outside on concrete. Welcome to California where one can sue for absolutely anything. If it goes to court, she will most likely win, too.
 
The last thing I want to see at church is a disclaimer about the candles. But my church has fake electronic candles, so I won’t have to worry about it happening in my parish.

:rolleyes:

What she should do is offer it up! And the church should take up a 2nd collection to help her out with the medical costs. I don’t think Jesus would like to see her sue :nope: and it seems a bit hipocritical to be “devoutly” praying one minute and then turn around and sue when you catch on fire from the candles.
 
I think the Church should sue her back for draping her skirts over the candles and causing a fire hazard. 👍

😛

On a more serious note, I do think that the Church should designate a space for the candles that is roped off, so that people can’t accidentally walk over them, or get too close to them.
 
Like the good lawyer has already stated, this looks like a win/win case for the lady, who is getting the go ahead to seek punitive damages, (ie damages that will punish the Church for its’ negligence,) NOT the money for her medical bills, etc
In his layman’s eyes, this must be very appetizing to our resident attorney, but it makes me sick to think about the moral issues of such a move. Clearly, she will soon be rubbing her jackpot and no longer running up on the statue of St. Jude ! Let’s just hope she moves on to Buddha before the rest of us have to shell out the next time forgets she’s running through flames to feed her superstitions. What a ridiculous world we live in. Good luck to her and all those legal beagles out there who think there’s enough right about this to deserve a windfall.
 
The church now has warning signs. Also, there are raised platforms where one is to put candles.
 
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