“It Was the Curb’s Fault”

by Walter Olson on October 31, 2012

Lowering the Bar on the complaint in a San Francisco trip-fall case:

Sure, you could write “plaintiff tripped on the curb,” but that almost makes it sound like it might have been plaintiff’s fault. Writing instead that “the curb disrupted the motion of plaintiff’s foot” makes it clear that the curb was the bad actor here. …

The curb’s co-defendant, Gravity, settled before trial.

{ 2 comments }

1 NickM 10.31.12 at 5:05 pm

Gravity wins. It’s the law.*

*Except when Chuck Norris is involved.

2 KDP 11.01.12 at 5:52 pm

“Honest, Occifer! That tree jumped out at me from the side of the road and I had to swerve to miss it!”

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