Man who walked into Burning Man fire loses lawsuit
Anthony Beninati sued the organizers of Burning Man because he said they failed to restrain him from walking into a fire. He lost the lawsuit.
Beninati's complaint stated that when he approached the bonfire, the flames were still roughly 40 feet high. He walked around the bonfire three times, each time "circl[ing] a little closer to the fire." Eventually, he walked still closer, into what was variously described as an area of "embers," "low flames," "burning remnants," and "a spot where there was fire on either side of him." Basically, he had walked inside a huge bonfire. Then, as you might have expected, he tripped on something and fell into the actual fiery part of the bonfire, burning his hands.Court: Man Burned at Burning Man Assumed Risk of Being Burned by Burning ManIn his deposition, Beninati admitted he knew "fire was dangerous and caused burns" before he walked into one. He knew there was some possibility of falling into said fire. He admitted no one affiliated with the defendants asked him to walk into the fire or told him it would be safe to do so. But he testified that he did not think it would be dangerous to walk into the fire, although he knew it "was not 'absolutely safe, because there [was] a fire present.'" And, as noted, fire is hot.
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I guess he's never seen Bride of Frankenstein.
Darwin Award winner in training?
What a fucking idiot.
Wow... doesn't have the sense most 6 year olds have accumulated through life experience. Can we all say, 'drugs?'
And now whenever a prospective employer or business associate googles Anthony Beninati, his idiocy will be apparent. Yes, Anthony Beninati is a litigious fool.
Anthony Beninati - not too smart.
Anthony Beninati - source of frivolous lawsuits.
Anthony Beninati - Firewalker!
Anthony Beninati - probably takes illegal drugs.
sometime teh stoopid really DOES burn.
Oh sweet schadenfreude. Thanks for brightening my morning.
I`m sure he`ll be burned to learn he`s not getting any money.
He came awfully close to being eligible for a Darwin Award.
He should be thankful that he wasn't attending the Guy Sticking His Dick In A Light Socket festival.
Inherit the Breaking Wind
Anyone got a link to the audio of BRC ranger radio traffic at Burning Man, in which they discuss whether stopping some idiots from running into the post burn fire would constitute negative interference in those persons experience of the event. Says it all really.....
i am amazed he had the intelligence to file a lawsuit.
Santa's Knee here.
Darren Garrison wrote:
"He should be thankful that he wasn't attending the Guy Sticking His Dick In A Light Socket festival."
Or Sturgis...
Talk about getting burned by The Man.
While I'm amazed people can be that dumb, am I the only one who thinks, had it been the Wal*Mart festival, he would have won? This actually seems like a pretty typical big american case.
I'm glad he lost.
I attended BM several times from the late 90s to the early 2000s. For me it represented a real freedom. It was a place where anything goes. Part art expo, part rave, part festival, it was whatever the attendees decided to make it. And it worked because no one was trying to control it.
But as the years went on the BM org enacted more rules and the police presence grew greater. Legal liability began to trump creativity and freedom, and I stopped going.
I still wish the best for Burning Man, but I'm afraid its best days have passed.
I went to the "Guy Sticking His Dick In A Light Socket festival" last year.
100% AWESOME!
FIRE BAD!
I don't think anyone there would have stopped the guy from walking into the fire. They were too busy thinking, "He's not really going to do that, is he? Nah - he'll stop before he gets all the way into the fire. What the?"
Darren Garrison/#6: Thank you for the much-needed fit of giggles today.
darwin argues that this man being alive throws the universe out of balance.
he runs into a fire and lives, and billy mays dies?
I attended "Guy Sticking His Dick In A Light Socket Festival" several times from the late 90s to the early 2000s. For me it represented a real freedom. It was a place where anything goes. Part getting your dick you, part finding a light socket, part sticking it in, it was whatever the attendees decided to make it. And it worked because no one was trying to control it.
But as the years went on the "Guy Sticking His Dick In A Light Socket Festival" org enacted more rules and the police presence grew greater. Legal liability began to trump creativity and freedom, and I stopped going.
I still wish the best for "Guy Sticking His Dick In A Light Socket Festival," but I'm afraid its best days have passed.
What an idiot, and a shameless one at that!
He deserves all the publicity he gets.
And he only burned his hands? The lord does indeed look after children, dumb animals and fools.
One thing though - I AM surprised no one tried to stop him. I have been at many festivals and seen enough drunken or stoned idiots do stupid and dangerous things. Usually someone has the presence of mind to step in and do something (I have done it myself a number of times).
Since this was the grand finale of the whole event I presume everyone was there and paying attention to the fire.
What were THEY thinking? For all they knew he might have been so stoned he had no idea what he was doing. As stupid as buddy was, this was not a good example of taking care of one's neighbour.
Back of the ticket ... dumbass.
#12: Frankly, I'm shocked
If this was the uk then next year they would ban people attending, or being within a mile of the fire, and make everyone present have a safety pamphlet and extensive firefighting training, and god knows what else...
@ KitWorks #10:
While I'm amazed people can be that dumb, am I the only one who thinks, had it been the Wal*Mart festival, he would have won? This actually seems like a pretty typical big american case.
It seems that way because those are the court cases that the media tends to hype, exaggerate and report out of context. Despite what you may have heard about people getting rich by spilling coffee on themselves and such, common sense actually does win out in most civil cases.
They do have people to keep the masses from jumping in the fire. I've seen a group in fire suits catch a woman who was trying to dive into the fire. There is only so much that can be done. The numbers of people and the size of the event...and the fact that no matter how idiot proof you make something the universe keeps making better idiots.
Isn't this the sort of case where the plaintiff could get a Rule 11 sanction?
I'm going to guess that he was "differently conscious" at the time...
Waitaminute...wasn't there a Chris Farley bit like that?
"Sure I saw the "Danger, Do not Enter" sign, but I was drunk!
I went to the "Drowning Man" festival last year. Turns out I'm buoyant, lawsuit averted.
The only part of this I'm not really clear on is how this person managed to survive to adulthood in the first place.
Its a shame we have so many crooked lawyers in this country, otherwise this suit would never have happened. I hope the moron has to pay the defendants legal expenses.
Exhibit #1A Prime as to why I don't do Burning Man.
Well done! (-at least on the hands.)
No one ever seems to sue the "Man Being Eaten By Tigers" festival. I wonder why? ;D
Survival of the fittest. Hope he's not breeding.
I hate to think that someone would have to risk their own life to save this idiot from himself.
My friend Shub Niggurath's comment was:
"What? This guy got burned at Burning Man and he's trying to sue? IT DID WHAT IT SAID ON THE BOX."
@10 Darren Garrison:
That was unexpected enough to produce a genuine LOL. Thanks!
IT'S DILDOS LIKE THIS GUY THAT RUIN EVERYTHING
I hope he's banned from ever returning, and that his friends call him 'pussy hands' from now on.
How big is the fire at Drowning Man Festival?
Why is this guy so fired up? a little injury is nothing to get heated over. He might think he's hot shit, but i know better - he's a total burn out whose temper is easily ignited. I could see him having an explosive outburst immediately afterward, but suing? He's got to have a heart of coal to be so irrationally self serving. If he doesn't pay the defenses' legal fees, I hope the cops come bust him immediately.
@43 Nutbastard:
Ha! "Come bust..." You're on fire today! I'm laughing out loud at work, liable to get myself...
Ah, never mind.
Did anyone check Break.com for the video?
@24:
Exactly.
http://prometheus.frii.com/~jenine/summer98/bman/
He who ignites and gets dragged away,
lives to litigate another day.
I don't think the guy is as stupid as he appears. He walked in an area where there were embers several yards across after the fire was done. If you have some decent shoes you could do that. I bet most people here would be tempted to walk around on those scattered dead and dying embers. It is not like most are probably imagining, that he walked into a camp fire. The BM fire is huge.
But he is stupid for tripping and falling and then trying to sue for what was his own damn fault.
Wow. I think courts need a "what a fucktard" verdict. Anyone who sues someone over his (or her) own stupidity needs to be taught a lesson.
Case in point: The instruction book for my Dremel explicitly forbids using the Dremel for dentistry. I can only imagine what that lawsuit must have been like.
People who bring frivolous lawsuits should be saddled with all the cost for both sides and the courts time. And have their previous convictions for frivolous litigation read out at the start of any subsequent frivolous litigation.
Just to discourage this sort of arse-hattery.
Mothman, meet Candle.
Burning waste of space
Tries to sue the festival
Epic fail, moron
Yeah it's weird, but.....
Keep in mind that burning man had to spend money to defend themselves against this gold digger.
Some attorney had to take the case with the idea that he would make money from burning man.
This was just a shake down scheme, and the victim (burning man) still had to pay money to get rid of this creep.
The legal system needs to be changed.
goes to show; no matter how slimy, no matter how egregious, no matter how disgusting in the nostrils of all decent humans a "case" may be, there ALWAYS a lawyer willing to aid and abet it.
"no matter how slimy, no matter how egregious, no matter how disgusting in the nostrils of all decent humans a "case" may be, there ALWAYS a lawyer willing to aid and abet it."
Or to put it another way: no matter how despised the client, and no matter how unlikely the prospect of success, an advocate can be found (finances permitting). Thus everyone has a chance of obtaining what they see as justice.
I agree with Noen (#48). In high school I was part of a club which, among other things, was responsible for building and lighting the school bonfire each year. We were also responsible for guarding the bonfire to keep people from walking too close.
There is no clearly defined safety line with a big fire. It becomes dangerously hot well out from the visible flames, and it's difficult to gauge the temperature of the ground by the temperature of the air above it. Like a stove top, it can look relatively safe and still be too hot to touch.
I agree that he's a moron for suing. I also hope that his hands are okay.
heh!, "justice". The only honour acolytes of the Blind Goddess may hold is a willingness to open their legs to any with the price. Most fail even at this first fence.
re:57
Why do so many lawyers work pro bono cases then? Or staff shitty legal aid centres? And how much liberty would anyone here enjoy if the ACLU shut up shop? And do you have this attitude to all professionals, eg "no matter how vile, evil and depraved the patient, there's ALWAYS a doctor willing to heal them", as if that's a terrible thing? You might reflect on the fact that Gandhi was a lawyer too, if you're interested in challenging your stereotypes. Or you can stick with the herd on this one, its your call.
if he had only burnt his crotch in the fire he would of made a cool 5 million as seen in the case " Old lady burns crotch vs Macdonalds"
always a doctor willing to take their money perhaps.
Pro bono? What tiny percentage work truly anonymously? I can only judge by what I have observed and have personal knowledge of. Is that contempt for the "herd" I smell?
just read Swift
What I hope is that this little debacle really does have an affect on his life-as in, friends ditching him, prospective employers laughing him out of the interview, dates Googling him, that sort of thing. People need to knock this crap off.
When you're that stupid, you should sue your parents.
re: 60
"What tiny percentage work truly anonymously?"
Let me get this straight - YOU work anonymously for no money? Wow, you're my hero.
And yes, herd mentality deserves derision. Individuals are unique and wonderful, but herds are dangerous and far more irrational. Progress requires overcoming herd mentality, a sentiment I'm sure you agree with on a lot of other subjects. We are all subject to it, of course, but its no basis to condemn or celebrate anything; its something we all have to challenge in ourselves in order to truly think.
I have read the passage in Gulliver's travels you refer to, and he made great points, but he used his immense talents to paint a lot of ugly caricatures with a very broad brush, don't you think? Many of his contemporaries considered him miserable, bitter and mad (although, of course, mere numbers proves little). He treated lawyers the same way he treated scientists, women and atheists - with immense scorn. Those in Swift's bad books had a lot of good company.
As a long-time burner and decade+ Ranger, I'm thrilled to hear that the courts held the participant to responsibility; there's a reason we say "read the back of your ticket" (where the disclaimer about accepting the risk of injury or death is printed).
IIRC, "Char's" behavior wasn't as calm and reasoned as he made out in the deposition :-)
And we *do* take participants' experience seriously; we're not here to baby-sit anyone, just to pick up the pieces. Adults are adults, even if they do make bad mistakes from time to time.
See you all on-playa!
nutbastard @41 IT'S DILDOS LIKE THIS GUY THAT RUIN EVERYTHING
Hey now, that's defamation against dildos.
@#59 - FFS, do a little research.
society without law won't work. Society without lawyers could - and does.
To funny, but of course sad. Sad we have to pay for this sort of thing, sad that anyone expects 'others' to keep them out of the fire, sad that at the start of comments Mr. Smarthands must have been on drugs(illegal of course) sad that law talkin dudes were slammed, sad that someone quit going to burning man because of the added rules, added of course because of things like this.
Burning Man, like most everything else is what you make it, we make it fun, and loving. Mr. Smartyhands made it a chore for others. I'm glad he's been outed. Obviously camps with Camp Failure to Fuck Off.
This will be my tenth year(whooo hooo)and i will not be going out to see the man burn. Tourist attraction that it is, and the name of the event, real burners know what Burning Man is about, and have no problems navigating the ins and outs of our fair city.
To those who attend, you'll find us at the real party(and i know you know where it is!). Look for our kites.
dota rocks! btw Burning Man has been canceled due to this!
I'm inclined to suspect his insurance carrier forced the issue.
I had a friend who saved a boy's life. My friend and some others were in a motorboat, and somehow managed to "run him over". My friend dove out, rescued him, and kept him alive until he could be brought to EMTs (or vice versa).
Later, the driver of the boat, the owner of the boat, my friend, and the MANUFACTURER of the boat were all named in a suit.
The boy and his family talked to my friend and told her their insurance refused to cover the incident unless they agreed to the lawsuit.
I never heard how it came out (kinda lost touch with that group of friends), but I am sure my friend wasn't found guilty of any wrongdoing.
It's a crappy thing. Judge could have just thrown it out, or fined him for contempt of court.