Overlawyered » assumption of risk

Quest for a risk-free playground

Walter Olson — Thu, 21 Jul 2011 05:10:33 +0000

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.

Tags: assumption of risk, recreation, schools

Quest for a risk-free playground is a post from Overlawyered - Chronicling the high cost of our legal system

Tavern’s terrifying Taurus, cont’d

Walter Olson — Fri, 01 Jul 2011 12:56:18 +0000

Yet another lawsuit against a Manhattan bar filed by a patron who fell off its mechanical bull [New York Post]

Tags: assumption of risk, NYC, restaurants

Tavern’s terrifying Taurus, cont’d is a post from Overlawyered - Chronicling the high cost of our legal system

U.K.: “Butlins bans bumping on the bumper cars”

Walter Olson — Mon, 13 Jun 2011 05:23:18 +0000

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]

Tags: amusement parks, assumption of risk, recreation, United Kingdom

U.K.: “Butlins bans bumping on the bumper cars” is a post from Overlawyered - Chronicling the high cost of our legal system

“Suit seeks $15,000 for rose thorn prick”

Walter Olson — Fri, 03 Jun 2011 11:44:27 +0000

“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]

Tags: assumption of risk, Florida, product liability

“Suit seeks $15,000 for rose thorn prick” is a post from Overlawyered - Chronicling the high cost of our legal system

Guidebook-author liability?

Walter Olson — Mon, 02 May 2011 13:45:47 +0000

A proposed Hawaii law would assign liability to guidebook writers for some injuries at risky tourist sites [WSJ]

Tags: assumption of risk, Hawaii, publishers, recreation

Guidebook-author liability? is a post from Overlawyered - Chronicling the high cost of our legal system

NY: assumption of risk bars suit over errant golf shot

Walter Olson — Wed, 22 Dec 2010 15:08:06 +0000

“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]

Tags: assumption of risk, golf, New York

NY: assumption of risk bars suit over errant golf shot is a post from Overlawyered - Chronicling the high cost of our legal system

Takes date horseback riding, gets sued after fall

Walter Olson — Mon, 06 Dec 2010 05:11:58 +0000

“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.

Tags: animals, assumption of risk, NYC, recreation

Takes date horseback riding, gets sued after fall is a post from Overlawyered - Chronicling the high cost of our legal system

New York high court takes up negligent-golfing case

Walter Olson — Tue, 30 Nov 2010 14:38:33 +0000

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.”)

Tags: assumption of risk, golf, Long Island

New York high court takes up negligent-golfing case is a post from Overlawyered - Chronicling the high cost of our legal system

$52,000 verdict for injury while throwing pitch

Walter Olson — Wed, 29 Sep 2010 13:58:29 +0000

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]

Tags: assumption of risk, baseball, Maryland

$52,000 verdict for injury while throwing pitch is a post from Overlawyered - Chronicling the high cost of our legal system

May 16 roundup

Walter Olson — Sun, 16 May 2010 12:14:49 +0000

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]

Tags: assumption of risk, child abuse, failure to warn, New York, Rhode Island, Toyota

May 16 roundup is a post from Overlawyered - Chronicling the high cost of our legal system