Okay. So the manhole should not have been left open. No question, the municipality is liable for that. But as someone who would likely be on the side of the citizen in 90% or more of these kinds of cases, I must say, I don't think the fact that this young lady (and I see a lot of pin-striped suit-wearing people texting while moving, so this is not to pick on bubble-headed teens) was texting should just be brushed aside. It doesn't make the city any less liable for the mistake (after all, it could have been a blind person walking down the street, as opposed to a preoccupied teen), but it does come into play when one considers whether this was "preventable." Because, after all, she was not a blind person. And it can be argued that most people are not blind, and further, many blind peopple, whether by cane or by dog, might have deduced the pothole and not fallen in it. The city is liable totally and completely. But--and for me this is a big "but"--any litigation that comes about should not ignore the fact that everyday accidents take place as a direct result of people on cell phones; and I think we need to start thinking about how liability in a situation like tis might be mitigated by someone carelessly using a cell phone (just as liability is often mitigated by a gardenfull of other extenuating circumstances in such situations.

Teen girl falls into open manhole while texting.

Watch where you walk, kids!

WCBSTV Reports It was an accident waiting to happen -- an open sewer and a 15-year-old girl who was texting while she walked. Alexa Longueira, a high school sophomore, was walking along Victory Boulevard near Travis Avenue on Staten Island Wednesday evening when she felt the earth move and was plunged into smelly darkness. She said the manhole she fell in to was left open and una…