Sue ‘em all, cont’d: crash outside deli

by Walter Olson on August 5, 2009

“A woman hit by a Danish tourist driving a rental SUV outside the Olema Deli has filed a lawsuit against the Dane, the delicatessen and Dollar Rent a Car.” [Gary Klien, "Woman files lawsuit in Olema bench mishap", Marin Independent Journal, Calif.]

{ 6 comments }

1 Bob Lipton 08.05.09 at 12:01 pm

It’s clearly the deli’s fault because of their reckless….. um…. corned beef sandwiches.

Bob

2 PhilG 08.05.09 at 12:27 pm

That woman who sued a deli when she was hit by the Danish tourist driving a rental car while she was sitting on a bench outside the deli must have the same lawyer as the woman who sued the owners of a pool supply store when attacked by a goose outside of their store (as previously referenced in Overlawyered). Here’s a link to a video on the goose attack (be careful if you are reading this at work – It has sound and starts right away):
http://facesoflawsuitabuse.org/2008/12/pool-store-owners-sued-over-migrating-wild-goose/

3 GregS 08.05.09 at 3:02 pm

I’m surprised she didn’t also sue Denmark for giving the tourist a passport and the U.S. government for allowing him to enter the U.S. They should have been able to connect the dots and foresee that he would have this accident in front of the deli.

Boy, Homeland Security really dropped the ball on this one.

4 LouL 08.06.09 at 5:38 pm

Wow. So I sit outside a delicatessen on their bench and am run down by a car. The delicatessen invited me to buy their food and eat it on the bench in an area unprotected from vehicles.
I have no insurance to cover my loss of income or hospital bills. Of my medical insurance has a high deductible.
So, the delicatessen’s insurance company should not pay. Nor should the insurance policy that the Dane’s purchased for just such an event.
So I sue after making a demand on both and they both refuse to pay medical bills or any other compensation.
If any of you were in that position, you would be running to a lawyer’s office.

5 Cousin Dave 08.07.09 at 4:54 pm

Well heck. Why aren’t they suing the contractor that built the sidewalk? The company that made the concrete? The manufacturer who built the bench? The contractor who built the building? The company that made the bricks or whatever that are on the front of the building? The company that made the building’s windows? The sign maker? The company that made the corned beef? The grower who raised the lettuce? The bakery that made the bread? The employee who made the sandwich? The soft drink maker? The company that made the soda fountain? The company that made the take-out drink cup?

No, I think that the law must be made absolutely clear. Businesses should, in no way, be permitted to engage in any activity that might tend to attract customers. Clearly, they are all attractive nuisances, every one of them. Put up a big, ugly chain link fence around every business, and don’t let anyone in unless they can show that they have the proper permits.

6 smurfy 08.10.09 at 6:53 pm

“I have no insurance to cover my loss of income or hospital bills” – Fair enough, though those risks are both obvious, quantifiable, and insurance is available for both. But a loss of consortium claim is a tell that this isn’t about recouping actual losses. It’s also an admission of a lack of creativity.

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