14 year old sues Myspace for $30 million

Elvis Fu · **Posted:** Tue Jun 20, 2006 11:40 pm

amgl Wrote:

Fuck, for 40 million dollars i'd get raped by a 19 year old from MySpace.

How much for 29?

billy g · **Joined:** Mon Oct 25, 2004 1:41 pm **Posts:** 9020

Yail Bloor Wrote:

HaqDiesel Wrote:

And I like how you pretend to know whether she has a legitimate case, based on a one-sentence description.

In this case, you happen to be right about her case, but you probably also think the old lady who sued McDonald's was a money grabbing whore who laughed all the way to the hospital for her crotch-skin graft.

Will you at least pass the fucking bar before you start chasing ambulances and defending frivolous lawsuits already?

Look at haq go

HaqDiesel · **Posted:** Wed Jun 21, 2006 2:43 pm

wait, i'm running the wrong way!

good. better.

billy g · **Joined:** Mon Oct 25, 2004 1:41 pm **Posts:** 9020

HaqDiesel Wrote:

wait, i'm running the wrong way!

You do already have a big bag of money though

HaqDiesel · **Posted:** Wed Jun 21, 2006 2:51 pm

even us scumbags usually work on contingent fee, though

billy g · **Joined:** Mon Oct 25, 2004 1:41 pm **Posts:** 9020

I hope someone at least got a kick out of that...google sent me to a clay aiken board for that ambulance gif. I think i need a shower.

Stone red's dark sunshine · **Joined:** Mon Oct 25, 2004 2:17 pm **Posts:** 1096

billinho g Wrote:

So if MySpace said "we will protect kids trying to cross the street that don't look both ways", you as a reasonable person would rely on that statement to consider your kids safe crossing a busy street

No.

billinho g Wrote:

and hold Myspace accountable if they got run over by a truck.

Yes.

I know you weren't talking to me, but you said two different things there. IF Myspace said that about watching out for kids on its site (which I really doubt, and least in those strong of terms), then ASSUMING everything else the girl is stating is true, it should be liable. Like Haq said though, there is a lot to be proved in a case like this; it'll come down to the proofs of whether Myspace assumed a duty and whether it acted negligently and breached that duty.

Senator LooGAR · **Posted:** Wed Jun 21, 2006 2:57 pm

Isn't it Melvin Belli that said to be a successful trial lawyer, if you were chasing ambulances you were too late...you've got to arrive before the ambulance?

ptrck · **Joined:** Wed Oct 27, 2004 10:55 pm **Posts:** 5568

Verbal Intercourse Wrote:

HaqDiesel Wrote:

Which is why you shouldn't pretend to know whether a lawsuit has merit.

Do you go to law school or something? I don't know why else you'd be acting like you're so much more well-informed than everyone else in a situation like this.

Yeah, thats pretty ballsy for an internet message board :roll:

billy g · **Joined:** Mon Oct 25, 2004 1:41 pm **Posts:** 9020

Stone Wrote:

billinho g Wrote:

So if MySpace said "we will protect kids trying to cross the street that don't look both ways", you as a reasonable person would rely on that statement to consider your kids safe crossing a busy street

No.

billinho g Wrote:

and hold Myspace accountable if they got run over by a truck.

Yes.

I know you weren't talking to me, but you said two different things there. IF Myspace said that about watching out for kids on its site (which I really doubt, and least in those strong of terms), then ASSUMING everything else the girl is stating is true, it should be liable. Like Haq said though, there is a lot to be proved in a case like this; it'll come down to the proofs of whether Myspace assumed a duty and whether it acted negligently and breached that duty.

my larger point (which you probably got but just to confirm) is that wouldn't/shouldn't a plaintiff have to have been reasonable in relying on the statement to be able to hold myspace accountable.

Clearly myspace can't protect a kid crossing a street in heavy traffic, so why would any court hold them accountable for an accident regardless of what statement they made. I assume that they wouldn't.

To me, while it may be slightly more of a gray area legally speaking, I think if you sign up for your own account on myspace, you should simply through going through that process yourself be familiar with the minimal screening they do of people before giving them an account. Given that, how could you really expect this screening to ensure your safety if you chose to meet up with some random other myspace user? I just don't think that a reasonable person would rely on that statement. And if you aren't relying on it, you can't really hold them accountable for any harm done, no?

timmyjoe42 · **Posted:** Wed Jun 21, 2006 3:54 pm

Isn't the fact that she was underage a moot point, since the crime is rape?

HaqDiesel · **Posted:** Wed Jun 21, 2006 3:54 pm

If she's underage, consent is not a defense and the penalties are higher.

timmyjoe42 · **Posted:** Wed Jun 21, 2006 3:56 pm

andyfest · **Posted:** Wed Jun 21, 2006 4:06 pm

I seriously love law talk. I find things like this fascinating.

And my $.02, it was only a matter of time before something like this happened through MySpace. I won't be surprised if we see a murder as a result of a MySpace relationship in the not-too-distant future.

Prince of Darkness · **Joined:** Mon Oct 25, 2004 11:41 am **Posts:** 11048

Didn't that already happen?

Some college girl got murdered, her murderer knew her schedule because of all the info on her myspace...

no guru · **Posted:** Wed Jun 21, 2006 4:53 pm

Today my bulk email had 111 different messages saying people had posted comments on my non-existant myspace account.

nacho · **Posted:** Wed Jun 21, 2006 4:55 pm

billinho g Wrote:

my larger point (which you probably got but just to confirm) is that wouldn't/shouldn't a plaintiff have to have been reasonable in relying on the statement to be able to hold myspace accountable.

Clearly myspace can't protect a kid crossing a street in heavy traffic, so why would any court hold them accountable for an accident regardless of what statement they made. I assume that they wouldn't.

To me, while it may be slightly more of a gray area legally speaking, I think if you sign up for your own account on myspace, you should simply through going through that process yourself be familiar with the minimal screening they do of people before giving them an account. Given that, how could you really expect this screening to ensure your safety if you chose to meet up with some random other myspace user? I just don't think that a reasonable person would rely on that statement. And if you aren't relying on it, you can't really hold them accountable for any harm done, no?

In terms of negligence in torts, I think your question here generally goes to whether or not Myspace owed this girl a duty of care. If one could say that a reasonable person would not assume Myspace would be responsible for something like this, that would probably be illustrative of whether or not Myspace owed her a duty of care.

But, I haven't touched torts since the bar exam (2 yrs ago), and I'm going to keep it that way.

red · **Joined:** Fri Jun 17, 2005 5:34 am **Posts:** 5009

when I was 14, my mom was so far up my ass, she knew what I was doing before I knew what I was doing. Parents can't be there for everything, but monitoring myspace should be tops on the list.

and, no, i'm not a parent, so save the "you're not a parent, you don't understand how hard it is to be a parent, etc." argument.

hey, law folks, how does a person come around to suing for $30M? Just curious. Why not $20M or $40M? And will this 14 year old ever see that much money?

edit: and can you really put a price on being raped? i was sexually assaulted in college (thank god for my great kicking ability, or else it would've been rape) and i never wanted anything more than for his balls to be chewed off by rabid squirrels.

nacho · **Posted:** Wed Jun 21, 2006 5:08 pm

red Wrote:

when I was 14, my mom was so far up my ass, she knew what I was doing before I knew what I was doing. Parents can't be there for everything, but monitoring myspace should be tops on the list.

and, no, i'm not a parent, so save the "you're not a parent, you don't understand how hard it is to be a parent, etc." argument.

hey, law folks, how does a person come around to suing for $30M? Just curious. Why not $20M or $40M? And will this 14 year old ever see that much money?

30 mil - I'd guess it's a combo of emotional distress caused by the rape and maybe some punitive damages. Whether she gets it probably will come down to how friendly the juries are to cases like this in whatever judicial district they're in.

Myspace has gotten so much bad press lately though, I'd bet this settles for a few million. If her story is legit, that is.

Promethium · **Posted:** Wed Jun 21, 2006 5:32 pm

Myspace is taking this serious enough to make some changes.

http://news.yahoo.com/s/ap/20060621/ap_ ... NlYwM3MTY-

two guns holla · **Posted:** Wed Jun 21, 2006 5:53 pm

Promethium Wrote:

Myspace is taking this serious enough to make some changes.

http://news.yahoo.com/s/ap/20060621/ap_ ... NlYwM3MTY-

That is seriously gonna inhibit my ability to get more myspace friends born in the 90's.

timmyjoe42 · **Posted:** Wed Jun 21, 2006 6:03 pm

Promethium Wrote:

Myspace is taking this serious enough to make some changes.

http://news.yahoo.com/s/ap/20060621/ap_ ... NlYwM3MTY-

how come nobody uses tinyurl.com? geebuz

Promethium · **Posted:** Wed Jun 21, 2006 6:25 pm

timmyjoe42 Wrote:

Promethium Wrote:

Myspace is taking this serious enough to make some changes.

http://news.yahoo.com/s/ap/20060621/ap_ ... NlYwM3MTY-

how come nobody uses tinyurl.com? geebuz

Because I'm a fucking lazy POS, though I should have had the class to just copy and paste the article.

14 year old sues Myspace for $30 million

Who is online