That is ENTIRELY wrong. In the Western US where there is an abundance of natural gas, that is how they are fed (the natural gas is coverted to hydrogen and the off-gassing is used in other ways). Fuel cells are becoming very common in all sorts of places that require large energy use (industrial plants, community pools, large office buildings) and recently they've even become small and efficient enough for larger homes with large energy loads (the extra generated heat is then used to heat the pool).

In fact fuel cells are far more efficient power sources for buildings than they are vs. mobile uses (cars, etc).

With respect to landowner liability in Arizona:

This is actually one of the areas where I think Arizona nails it perfectly. More states should follow our lead. The issue revolves around the duty of the landowner (same as property and homeowner for the purposes of this point).

1. The highest duty is owed to business invitees. This includes the duty to warn and protect of known hazards (actual notice), and hazards that should have been known through the ordinary course of business (constructive notice). There is no liability in any case for unknown hazards, therefore, in order to "have a case," the injured party has the burden of proving that the defendant knew of the dangerous condition prior to the injury. This is called actual notice, but is sometimes referred to as prior notice. Generally, with no notice, there is no case, and the plaintiff's lawsuit would not survive a motion for summary judgment. There is a theory for constructive notice but that is almost impossible to meet.*

2. The middle duty is owed to employees and people with implied or constructive permission to be on your property. This includes the duty to warn of known hazards. However, employees covered by the worker's comp laws in Arizona do not have liability to employees injured on the job or in the course and scope of their employment, so this is really quite limited. In practice, this more or less merges with (1) above. If you can prove prior notice, you probably can prevail in a lawsuit.

3. The lowest duty is owed to trespassers. This is the best one of all - basically you are immune from suit if a trespasser is injured on your property. The only two exceptions arise if a) you set a trap for someone - even a thief; and b) if the attractive nuisance doctrine applies. Attractive nuisance only applies to children who are not old enough to properly appreciate the risk (this is tangentially related to the concept of the assumption of the risk, which I discuss below) and are attracted onto your property by something like a trampoline or unfenced swimming pool.

Assumption of the risk (AotR) is a legal defense that can be a complete bar to recovery, meaning the plaintiff gets nothing. Basically, if you are able to appreciate the risk and engage in said activity anyway, you cannot recover for your stupidity. This applies to every single injury claim in Arizona. This is how we can have skate parks in Arizona, for example, because even smaller children can appreciate the risk a skateboard on a 45 degree concrete slope presents. The standard is measured by what a reasonable person, of similar age and mental status, in a similar conditions would do. This means if you, as an adult, climb an object and fall, no matter whether you were a guest or a trespasser, you won't be able to sue anyone for your injuries. AotR is a beautiful thing and keeps people honest. It manifests itself in a specific jury instruction which the defense will have the judge read to the jury in a civil action (assuming the plaintiff somehow, miraculously, survived a motion for summary judgment). The instruction usually reads as follows:

"If you, the jury, reasonably find that the plaintiff could appreciate the risk of the activity that resulted in the injury, and voluntarily engaged in said activity, then you must award the plaintiff zero for their injuries. Do not be swayed by sympathy for the plaintiff's plight; as a society, we do not wish to reward people for being stupid or reckless."

*Do not be swayed by these varying levels of duty. Regardless, juries in Arizona tend to be very conservative. They don't like people who sue for injuries and as a result, the plaintiff's personal injury attorney has an uphill battle to fight from the very beginning. For example, even under the highest duty as set forth in (1) above, it is still next to impossible to win these cases at trial. Statistically, according to the trial reporters in Arizona, plaintiffs lose about 70% of all slip and fall, or premises liability cases, and about 60% of motor vehicle collision cases. Proving actual notice can be very difficult. Constructive notice (the "should have known" argument) is even tougher. Plaintiffs only prevail in about 5% of constructive notice cases.

So, knowing this, I'm not sure where a jury would hose a landowner who simply planted some trees and kept the lot watered. It would be a very difficult case to win in Arizona, and that's generally how it should be.

--don

^Sweet sounds good, thanks for the knowledge. Though know Im kinda annoyed we haven't been requiring the dirt lot owners to do something with their land already.

Hmm...I had no idea...

Had no idea that the hipsters were invading with their shitty music and pseudo gay attitude?

Alright I was about to move the last two pages into the Coffee Talk thread but just said fuck it.

More talk about places opening up and whatnot. All the other stuff goes where it goes. :)

It went along the alignment of an old filled in canal. If you stare long enough at google maps at the right zoom level you eventually start to see all sorts of nifty physiological features of Phoenix.

I know John will disagree but I love the District and absolutely love anything that Chef Nathan puts out. The guy makes some amazing food. I'm not real big on going during the DJ nights but it's a great after work spot and the happy hour can't be beat.

I liked it a lot when I went.

I like district. You know that. I just dont like hipsters.

^Um, what the hell is a "hipster"?

Having reread the article and found both the dancers' facebooks, I'd say it's rather ungay. Anything involving dancing at a gay bar lacks any artistic merit whatsoever. I wish gay bars would have a scene like this...anything to break the onslaught of bad techno and top 40 played at every joint in the city.

What's even weirder about this taking place in the Sheraton, is that the Sheraton is city owned.

This article in the new times summed up my suspicion well back when they bandied about the whole idea to begin with.

Who freaking knew that Phoenix could pull this off? The whole article is worth a read in modern context. Maybe I'm an old man but seven years just wasn't that long ago and it's almost like ... things have changed.

He was right about the convention center. We only doubled attendance for the first full year of operation, not tripled as the studies promised.

A lot of pedestrian activity in DT the past couple of days. Too bad 90% of them are not Phoenicians enjoying the afternoon/evening in their own city.

It can't be any worse than the Jersey Shore cast right? Fist pump!!!:koko:

hipster = straight homosexual. Thats the best I can describe it.

No no thats a metrosexual. Hipsters are people who can basically be defined by being too cool for school. They listen to terrible music, don't dance, wear t-shirts 2 to 3 sizes too small, have mussy haircuts, often don't look you in the eye when you talk, etc.

http://www.the-fed.org/media/volume2...er_hipster.png

Listens to bands that you have never heard of. Has hairstyle that can only be described as "complicated." (Most likely achieved by a minimum of one week not washing it.) Probably tattooed. Maybe gay. Definitely cooler than you. Reads Black Book, Nylon, and the Styles section of the New York Times. Drinks Pabst Blue Ribbon. Often. Complains. Always denies being a hipster. Hates the word. Probably living off parents money - and spends a great deal of it to look like they don't have any. Has friends and/or self cut hair. Dyes it frequently (black, white-blonde, etc. and until scalp bleeds). Has a closet full of clothing but usually wears same three things OVER AND OVER (most likely very tight black pants, scarf, and ironic tee-shirt). Chips off nail polish artfully after $50 manicure. Sleeps with everyone and talks about it at great volume in crowded coffee shops. Addicted to coffee, cigarettes (Parliaments, Kamel Reds, Lucky Strikes, etc.), and possibly cocaine. Claims to be in a band. Rehearsals consist of choosing outfits for next show and drinking PBR. Always on the list. Majors or majored in art, writing, or queer studies. Name-drops. May go by "Penny Lane," "Eleanor Rigby," etc. when drunk. On PBR. Which is usually.

Google tells us that hipsters =

http://www.no2emo.com/wp-content/upl...5/hipster2.jpg

I can't stand the look of the 2nd guy (in the center)...worst look ever! Skinny jeans on guys are horrible, I don't care how in fashion they would ever get, I wouldn't be caught dead in them.

I've been calling them "First Fridays."


As in, I hate those fucking first fridays douches.

Speaking of music, and I don't mean to hijack this thread, but can anyone suggest a good place to go for drinks and listen to live music of any sorts? I'm in town until Wednesday and would love to find a place to drink, relax, listen to music and maybe sneak a peak at some nice eye candy of the female persuasion? :)

If there is a more appropriate thread for this question, feel free to post any replies there.

Thanks!

Voce, Kazimierz, Bobby's, Estate House, Char's, Rhythym Room, and Blue Martini are all places full of hot sluts and have live music.

If you're older than 40, go to Voce, Bobby's, or Estate House. If you are looking for a dive (not attractive women) go to Char's or Rhytym Room. If you're looking for 20-40's crowd, go to Blue Martini or Kazimierz.

http://www.voceaz.com/
http://www.kazbar.net/
http://www.mancusosrestaurant.com/bobbys/index.htm
http://www.estatehouseaz.com/upstairs.php
http://www.bluemartinilounge.com/
http://www.charshastheblues.com/
http://www.rhythmroom.com/