Oh I agree the cones should have been in place before they removed the cover, but saying you're going to sue because you were too busy texting to pay attention to where you are walking is crap. Would her parents be suing if she walked in front of a bus because she wasn't paying attention to where she was walking? Maybe, but probably not, and it would be chalked up as an accident. To me it still comes down to personal responsibility, on both sides.