Overlawyered » assumption of risk http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 18:22:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Quest for a risk-free playground http://overlawyered.com/2011/07/quest-for-a-risk-free-playground/ http://overlawyered.com/2011/07/quest-for-a-risk-free-playground/#comments Thu, 21 Jul 2011 05:10:33 +0000 Walter Olson http://overlawyered.com/?p=23970 My new post at Cato at Liberty, following on a theme pursued by NYT science writer John Tierney, looks at some of the risks of trying to make children’s play too safe. More: UK Telegraph (”Health and safety fears are taking the joy out of playtime.”); Lenore Skenazy, Free-Range Kids.

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]]> http://overlawyered.com/2011/07/quest-for-a-risk-free-playground/feed/ 4 Tavern’s terrifying Taurus, cont’d http://overlawyered.com/2011/07/taverns-terrifying-taurus-contd/ http://overlawyered.com/2011/07/taverns-terrifying-taurus-contd/#comments Fri, 01 Jul 2011 12:56:18 +0000 Walter Olson http://overlawyered.com/?p=23682 Yet another lawsuit against a Manhattan bar filed by a patron who fell off its mechanical bull [New York Post]

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]]> http://overlawyered.com/2011/07/taverns-terrifying-taurus-contd/feed/ 5 U.K.: “Butlins bans bumping on the bumper cars” http://overlawyered.com/2011/06/u-k-butlins-bans-bumping-on-the-bumper-cars/ http://overlawyered.com/2011/06/u-k-butlins-bans-bumping-on-the-bumper-cars/#comments Mon, 13 Jun 2011 05:23:18 +0000 Walter Olson http://overlawyered.com/?p=23360 The best-known operator of British amusement parks has ordered its staff “to ban anyone found guilty of bumping into each other in the electric cars equipped with huge bumpers. Bemused customers who assume that the ‘no bumping sign’ is in jest are told to drive around slowly in circles rather than crash into anyone else for fear of an injury that could result in the resort being sued.” [Louise Gray, Telegraph via Free-Range Kids]

Also: California appellate court rejects assumption of risk defense and denies summary judgment to bumper car injury claim [Bill Childs, MassTort.org]

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]]> http://overlawyered.com/2011/06/u-k-butlins-bans-bumping-on-the-bumper-cars/feed/ 6 “Suit seeks $15,000 for rose thorn prick” http://overlawyered.com/2011/06/suit-seeks-15000-for-rose-thorn-prick/ http://overlawyered.com/2011/06/suit-seeks-15000-for-rose-thorn-prick/#comments Fri, 03 Jun 2011 11:44:27 +0000 Walter Olson http://overlawyered.com/?p=23227 “The suit [by a Florida man against the Winn-Dixie supermarket chain and a flower importer] states the roses should have been stripped of their thorns and the stems should have been wrapped more carefully.” [UPI]

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]]> http://overlawyered.com/2011/06/suit-seeks-15000-for-rose-thorn-prick/feed/ 2 Guidebook-author liability? http://overlawyered.com/2011/05/guidebook-author-liability/ http://overlawyered.com/2011/05/guidebook-author-liability/#comments Mon, 02 May 2011 13:45:47 +0000 Walter Olson http://overlawyered.com/?p=22818 A proposed Hawaii law would assign liability to guidebook writers for some injuries at risky tourist sites [WSJ]

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]]> http://overlawyered.com/2011/05/guidebook-author-liability/feed/ 0 NY: assumption of risk bars suit over errant golf shot http://overlawyered.com/2010/12/ny-assumption-of-risk-bars-suit-over-errant-golf-shot/ http://overlawyered.com/2010/12/ny-assumption-of-risk-bars-suit-over-errant-golf-shot/#comments Wed, 22 Dec 2010 15:08:06 +0000 Walter Olson http://overlawyered.com/?p=20726 “In a brief opinion released today, the New York Court of Appeals agreed with lower courts that a golfer hit by an ‘errant’ shot could not sue his co-golfer for negligence, because one who chooses to golf assumes the risk of being whacked by a golf ball.” [Lowering the Bar, AP, earlier]

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]]> http://overlawyered.com/2010/12/ny-assumption-of-risk-bars-suit-over-errant-golf-shot/feed/ 0 Takes date horseback riding, gets sued after fall http://overlawyered.com/2010/12/takes-date-horseback-riding-gets-sued-after-fall/ http://overlawyered.com/2010/12/takes-date-horseback-riding-gets-sued-after-fall/#comments Mon, 06 Dec 2010 05:11:58 +0000 Walter Olson http://overlawyered.com/?p=20509 “I guess you know your date didn’t go very well when you get sued afterward.” [Lowering the Bar; Stanislav v. Papp] Per the New York appellate court’s statement of facts:

Plaintiff was injured when she fell off a horse while on a date with defendant. She alleges that defendant was negligent in failing to properly warn her and appreciate her limited level of skill as a rider, and in failing to pay proper attention to her request that the horses proceed at a slow pace in a careful manner.

The judges, however, upheld a lower court’s dismissal of the case (citations omitted):

Plaintiff has provided no evidence or authority which supports her contention that defendant owed her a duty to insure that the horseback riding experience was safe. As a person with experience riding horses, plaintiff was aware that the risks of falling from a horse or a horse acting in an unintended manner are inherent in the sport. Defendant’s conduct was not so unique or reckless as to create an additional unanticipated risk for plaintiff.

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]]> http://overlawyered.com/2010/12/takes-date-horseback-riding-gets-sued-after-fall/feed/ 4 New York high court takes up negligent-golfing case http://overlawyered.com/2010/11/new-york-high-court-takes-up-negligent-golfing-case/ http://overlawyered.com/2010/11/new-york-high-court-takes-up-negligent-golfing-case/#comments Tue, 30 Nov 2010 14:38:33 +0000 Walter Olson http://overlawyered.com/?p=20389 Two doctors, frequent golf partners, were playing a round together when one was struck in the face at close range by the other’s ball. Lower courts dismissed the resulting case, which is now on appeal. [Lowering the Bar, WSJ Law Blog] Plus: WLF (”this is not a lawyer or doctor joke.”)

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]]> http://overlawyered.com/2010/11/new-york-high-court-takes-up-negligent-golfing-case/feed/ 3 $52,000 verdict for injury while throwing pitch http://overlawyered.com/2010/09/52000-verdict-for-injury-while-throwing-pitch/ http://overlawyered.com/2010/09/52000-verdict-for-injury-while-throwing-pitch/#comments Wed, 29 Sep 2010 13:58:29 +0000 Walter Olson http://overlawyered.com/?p=19464 Prince George’s County, Maryland: “The jury found that the tournament organizer, Baseball Players Association, built the pitcher’s mound too big and too deep.” [Ron Miller]

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]]> http://overlawyered.com/2010/09/52000-verdict-for-injury-while-throwing-pitch/feed/ 10 May 16 roundup http://overlawyered.com/2010/05/may-16-roundup-3/ http://overlawyered.com/2010/05/may-16-roundup-3/#comments Sun, 16 May 2010 12:14:49 +0000 Walter Olson http://overlawyered.com/?p=17375
  • Doc self-injects with Botox, wins $15 million on failure-to-warn claim [Legal Blog Watch]
  • Kindergarten teacher Tonya Craft acquitted in widely watched abuse-allegation case [Sullum and more, Greenfield, Popehat, A Public Defender, Lynch]
  • Naughty Toyota, it defends itself when attacked [Fumento, Ted at PoL]
  • Washington Post profiles economist/perennial blogroll favorite Tyler Cowen (Marginal Revolution) with guest appearance by fashion business mentor/outspoken CPSIA critic Kathleen Fasanella;
  • Business groups oppose nomination to federal judgeship of Rhode Island trial lawyer/political kingmaker Jack McConnell [ShopFloor]
  • “CEI’s FTC Complaint Against GM: A Response to Walter Olson” [Fred Smith/Open Market, earlier]
  • Bad: New York’s highest court limits assumption of risk defense [NYLJ, Mura, Rapp]
  • Why we can’t represent you in your suit demanding removal of your microchip brain implant [Popehat]
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