Cowboys face “hot seat” lawsuit

AP

After recently escaping a lawsuit arising from the fact that Cowboys Stadium didn’t have enough seats for Super Bowl XLV, the Cowboys are facing a new lawsuit alleging that one specific seat outside the structure was unreasonably hot.

According to CBSDFW.com, Jeannelle Carrillo claims her buttocks were burned after sitting on a bench outside Cowboys Stadium in August 2010 while attending the team’s annual scrimmage.

“She sat down on this black bench, outside an entrance and unfortunately she suffered third-degree burns as a result of it and had subsequent skin grafts,” Carrillo’s lawyer, Michael Wash, told CBSDFW.com.

The lawsuit claims that black, marble bench, when exposed to sunlight on a day with temperatures in excess of 100 degrees, was unreasonably dangerous.  Carrillo alleged was hospitalized for roughly a week.

Though the situation will provide plenty of fodder for jokes, Carrillo suffered serious, avoidable injuries, if her allegations are true.  By building a structure intended for public use, the Cowboys should have selected seating materials that wouldn’t become unreasonably hot.  And if black marble was the only way to go, the Cowboys should have been prepared to take precautions on hot days, by roping off the black, marble benches or installing warning signs.

57 responses to “Cowboys face “hot seat” lawsuit

  1. That was just the Cowboy’s Head Coach simulator. /zing

    On a serious note, they can’t seem to catch a break with the stadium and it’s terrible this lady had to go through this.

  2. How dumb can someone be? If it was too hot, why not just find another seat? Ridiculous lawsuit, not to mention it took her 2 years to file it.

  3. was she naked with shorts or skirt on soon as you skim top of the bench you feel the heat must of been a big butt girl most nice size girls wouldn’t of sat to get third degree burns

  4. Sheesh, brings back memories of the “The hot coffee I ordered at McDonald’s was too hot” lawsuit. Yes, people need to be protected, but this frivolously litigious society we live in has gone too far.

  5. If you can not be responsible of where you sit your fat backside what good are you to society!

    What a waste of humanity!

  6. maybe black marble was not the best choice for benches or seats for fans…but im confused how maybe thousands came and saw this or a few scrimmages and she is the only one to get a burned butt??….she needs to take personal responsibility that she sat on this bench long enough to burn her butt and her lack of common sense didnt allow her to get up when she was like hmm this is getting hot…unless she was forced at gun point to sit till that happened which i doubt..at this point i am surprised overweight people havent tried to sue cable companies saying that they are the reason they dont exercise and are in bad health because they cant stop watching tv

  7. This is as stupid as the woman who burnt her lips drinking McDonalds coffee. To get third degree burns she would of had to have sat on That bench for a hot minute lol. Was she the only one on the bench she didn’t scream lol. This lawsuit is a joke

  8. Marble is a terrible heat conducter, which is why a marble floor feels so much ooler than wood even in the sun. You can also set hot pots and pans on a marble counter top without worrying about burning yourself later. Many expensive homes use marble around outside pools, and no one is burning themselves.

    Most parks have metal benches, which are great heat conductors. You are much more likely to get burned on them. Yet. oddly they are not roped off in the summer.

    This lady has a story that doesn’t add up. At all.

  9. Did the Cowboys shine the sun down on her?
    Did the Cowboys invent physics that black aborbs light?
    Did the Cowboys make this bonehead sit down on there?
    If it burned, why did she not instantly get up?

    I am sorry, but we need tort law changes.
    There should be a minimum qualification for common sense in these once great United States as the % of stupid people has gotten too high.

  10. By the way, Florio, The Cowboys did not “escape” the Super Bowl seating lawsuit. They did not sell the non existant seats, the NFL did

    What is your deal, man?

  11. Have you seen the average Cowgirls fan? Ignorant, hard-headed, fools. True Texans recognize that the NFL franchise in the Lone Star State to back is down in Houston – Where last years third string rookie QB has as many playoff wins as Tony “can’t get it done” Romo. Now let’s hear the whiney cry of “rings” – living in the past sounds so desperate!

  12. I’m going to fall down the stairs and sue cause the stairs are dangerous in all weather conditions? I’ll say there should just be ramps or elevators everywhere. Next I’ll sue earth for creating trees too tall cause when I fall out of them I get hurt.

  13. The case should be thrown out due to the stupidity of the woman.

    I don’t know if I’ve ever just plopped down outside on a bench in 100 degree weather… anybody with a 1/4 of a brain would check to see if it was hot… or wet… or sticky.

    The same lady probably sued GE from when she burned her face answering her iron.

  14. ” By building a structure intended for public use, the Cowboys should have selected seating materials that wouldn’t become unreasonably hot.”
    _____________________

    Care to enlighten us on what materials don’t get hot on a 100-degree day? My deck is wood and will burn your feet on a hot day…the plastic slides at my kids’ playground are unusable in the heat of the day. The difference being that kids are smart enough to not use the slides when they’re too hot to touch.

  15. Commenters laying blame on the woman or the Cowboys without knowing the full details of the incident really chaps my ass…

  16. She sounds like a real genius. I guess one negative about being loaded like Jerry is that a lot of yahoo’s will do anything to get a piece of the pie. If she wins this lawsuit then the legal system in the U.S. is in more of a shambles than I first thought.

  17. Ahhh, the American way! Sue whoever you can, for as much as you can! Just turn your TV on, every commercial is lawyers trying to get you to sue someone!

    Glad I live in Canada where judges laugh at frivolous, moronic lawsuits!

  18. Im gonna sue the cowboys for making me an alcoholic. All these years of losing games and not winning has forced mento drink to make life easier… Who else wants in on this amazing idea of mine.

  19. This is plain dumb I hate the cowboys and thought it was something interesting. I lived in Florida till 2 years ago and you can’t even put on ur seat belt at times cause it was to hot to even grab! There’s no way she sat on black bleacher in 100° heat without trying or being to drunk to notice pain! It was 2 years ago. This person is either getting bad advice, or is just dumb!

  20. Whatever happed to personal responsibily and common sense? And speaking of common sense; Instead of using marble for benches how about Jerry hiring a general manager who knows how to draft depth?

  21. Way too many lawyers !! close all the law schools, disbar half of them for shady ethics and send the rest to Syria for some R & R. I feel a certain rap song about Baby got back comin
    on !!

  22. Wow! In other news, this same lady is filing a civil suit against THE SUN for reckless endangerment and defamation of character (“public bench induced” burn marks on her bottom caused by mother nature and human stupidity.)…….. Self inflicted, you sat on it willingly. I’m an eagles fan and a football lover, even the cowboys don’t deserve anything this petty, trivial, and laughably pathetic to deal with.

  23. Lawsuit – The money I’d never make because I’m too stupid to succeed. OR Lawsuit – It’s like winning the lotto for being stupid. HERE’S YOUR SIGN!

  24. Her thought process must have been:

    “Hmmm, I need to sit down, that seat looks good…

    Oh geez it’s a bit hot hot actually, I had better find another one…

    Wait hang on! The company that owns this seat is worth billions. All I have to do is sit here for long enough to burn myself then I can sue them for a vastly disproportionate amount, settle out of court for a few hundred thousand and finally get myself out of the trailer park, quit my job at Wall-Mart and just sit at home on my fat ass eating twinkies all day….

    Hot! Hot! Hot!!!!!!

    Jesus this is hot! Come on, be strong Jeannelle, you can do it, think of the twinkies…

    Arrrrggggghhhh yes finally a visible blemish on my skin!”

    (Quickly stands up, picks up phone, calls lawyer)

  25. Check deadspin if you want to see how incredibly stupid this lawsuit is. I mean, I don’t jump in the oven, set it on high, wait a half hour, then sue Maytag because my girl tried to serve me up as hamburgers! You have a to be a special kind of dedicated/stupid to give yourself 3rd degree burns in hopes of scoring off a lawsuit.

  26. How long before someone sues over burning their feet on hot sand at the local beach?

    This crap has to stop.

  27. If you’re too stoopid to understand just from living in the everyday brick-oven heat of Dallas that ANYTHING and EVERYTHING of a dark color – especially black!- is gonna get hotter than blazes, then you [i]deserve[/i] to have your a$$ burned!

  28. Seriously?
    I live in San Antonio – and we have at least learned that you put your ass down for a second to test – and – if it’s too hot – you don’t continue to sit down.

    I am also NOT buying the 3rd degree burns BS – that would mean essentially – burned to the bone. Yes, black marble gets hot in the sun – NOT that hot.
    No way..no how.

  29. All we need is a frivolous lawsuits clause.

    Simply stated – if the judge determines that the lawsuit is frivolous (as in somebody trying to get rich for….nothing) – he can reverse the lawsuit automatically and sue the plaintiff.

    Bet you would see that Lawyer section in your phone book shrink….

  30. Ugh, some of the ignorance in this thread is ridiculous.

    Yes, some lawsuits are frivilous but they are also sometimes the only way to receive due compensation or restitution.

    People mentioning the McDonalds lawsuit – actually look it up – the lady in that case was an elderly lady who was not driving at the time, was a passenger – in a parked car no less, and the coffee burned her so badly it basically destroyed her upper thighs, and she never really fully recovered from her injuries to back to the full quality of life she had before that. It also came out in the trial that McDonalds had had multiple complaints about how hot they kept their coffee and had repeatly ignored these and made no effort to rectify the situation.

    Still think this is so frivilous – it wasnt someone who “burned their lips” or hurt their tongue, it was a serious issue.

    Rights to sue are under attack, basically any contract you sign nowadays, from cell phone contracts, to employment, to using Xbox live and PSN, limit your right to sue and in some cases completely restrict class action lawsuits and force arbitration – this is not ok, we need some way to keep companies and corporations in line if something is wrong.

    Now this case could be meritless – but the hate for it without knowing the facts is just stupid.

  31. C’mon, Florio. Really?

    I grew up not far from that part of the world. It gets hot there, especially in August. What kinds of things get hot there in August? Everything. What kinds of things get especially hot in August? Black things sitting in the sun. I learned these rules by the time I was four, and they served me well.

    If a person inexplicably forgets these basic rules and sits on something hot and marble and black in the Texas sun in August, the best thing to do is — wait for it — stand up. The maximum two seconds of exposure before a reasonable person would stand up is not enough time to receive third degree burns. (I sense a Brady Bunch-style neck brace scene playing out here.) Black things in the Texas August sun get hot, but we’re really not talking about molten lava here. If sitting on something feels the least bit uncomfortable, a reasonable person only needs to perform the aforementioned “stand-up maneuver,” and he or she most certainly will be fine.

    Again, Florio, really?

    I’m thinking of suing this plaintiff for making me late to work, because seeing this story nearly caused my head to explode, forcing me to take the time to write this post before getting into the shower.

    Geesh … You can take the guy out of the law office, but you can’t take the lawyer out of the guy.

  32. It’s easy to rant and rave about the frivolous nature of this lawsuit. And ultimately, you all might be right.

    But before I come to any conclusions, I want to see this lady’s ass. I think we are entitled don’t you think?

    So let’s go Jeanelle…drop some trou’. Whip that thang out. And lets decide once and for all how damaged you are. It’s only fair.

  33. I agree that they should have made the seat out of better materials, given it’s Texas and usually very hot. It should have had some sort of cover, like a bus stop, as well. That said, unless you’re from Nova Scotia, an adult should be able to understand the results of thermal conduction. On a sunny day anywhere you don’t just walk up and put your hand on the hood of your car and expect it not to be hot. You don’t grab the handle to open the door on a real hot day and not test it first.

    I’d say she was at least 50% responsible. And in Texas, she’s likely to not get much sympathy.

  34. Wow you guys are harsh. If its black marble in 100 degree temps I’m betting the burn was almost instant. Especially since its a woman in Texas in the summer I’m betting whatever she was wearing the fabric was pretty thin. So I bet she didn’t just sit there letting her ass burn. And seriously you guys calling this a frivolous lawsuit are morons. If you’ve ever had 3rd degree burns you wouldn’t be saying that. I’ve had 2nd degree burn and it was the most painful thing I’ve ever felt so I can’t imagine 3rd. 3rd degree means the tissue deep under your skin is burned that’s pretty bad. If I got 3rd degree burns because of the negligence of someone elsei I would sue too and so would any of you. They were o. bviously negligent building a bench out of black marble and putting it in the hot Texas sun with no warning. I hope she ends up being ok and gets a BUTTload of money (pun intended) she needed skin grafted for Christ sake that’s why there’s insurance the cowpies will survive

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