Posts tagged as:

overwarning

XmasTreeWarnings
“I guess you can never be too careful with your Christmas lights.” — @doctorwes

A few other highlights of Overlawyered Christmas coverage past:

  • Claim: “Rudolph the Red-Nosed Reindeer” promotes bullying [2011]
  • “Cease this shouting!” cried Grinch, “From all Yule din desist!” But he’d Moved To The Nuisance and so, case dismissed [Art Carden 2010, original link]
  • “Law firm offers divorce vouchers for Christmas” [U.K., 2009]
  • Under the Christmas tree? Authorities penalize child care center in North Carolina after discovering plastic soldier figures on the premises, “reflect stereotyping and violence.” [2001]
  • “As you know, the eight maids-a-milking concept has been under heavy scrutiny by the Equal Employment Opportunity Commission. A male/female balance in the workforce is being sought…….The two turtle doves’… romance during working hours could not be condoned. The positions are therefore eliminated.” ["Restructuring at the North Pole," 1999]

FHFountain1

All it takes are a few warnings for the benefit of visitors who might not otherwise realize watery surfaces are wet [Chevy Chase, Maryland; courtesy Carter Wood]

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“Alarm fatigue”

by Walter Olson on May 14, 2013

Trying to order medications for a heart attack victim using electronic medical records, White Coat is frustrated to run into screen after screen preventing him from completing the order without addressing unlikely allergy issues (and thus protecting the hospital from liability):

For those of you who don’t know what alarm fatigue is, think of a car alarm. The first time you hear it going off, you run to your window to see who’s breaking into a car. Maybe you run to the window the second time and the third time, too. By the tenth time the alarm goes off, you’re thinking that the alarm is broken and someone needs to get that fixed. After about thirty false alarms, you’re feeling like going out there and busting up the car yourself – especially if the car alarm wakes you when you’re asleep.

It’s a concept with many applications beyond the emergency room setting, too, product warnings being just the start.

P.S. Dr. Westby Fisher has some related thoughts about the limits of trying to engineer physician responsibility through electronic records design.

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Window warning

by Walter Olson on September 2, 2012

Spotted by @thomasabowden:

Under the headline “Warning: Open Window + Gravity = Bad”, Kevin at Lowering the Bar comments: “I assume one of these is required on every window nowadays, or at least those that open.”

P.S. Reader Kim Schratweiser writes:

“We had new windows installed yesterday and I love this warning label:

“I was also pleased to note that this was on a removable sticker on the glass and I don’t have to look at warning labels when the window is open. The old windows had a warning label on the bottom of the upper sash, so when the window was open the label was clearly visible and quite ugly.”

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July 23 roundup

by Walter Olson on July 23, 2012

  • Oh, ABC: “America’s Wrongest Reporter” Brian Ross achieves another feat of wrongness [Hans Bader] “Don’t turn Aurora killer into celebrity” [David Kopel, USA Today] For the media: five tips on how not to misreport the gun angle [Robert VerBruggen, NRO]
  • Ed Brayton of Dispatches from the Culture Wars challenges me on the War For Roberts’ Vote, and I respond;
  • The “contains peanuts” warning on a peanut jar [Point of Law]
  • “California Stats Show Elected Judges Disciplined More Often than Appointed Judges” [ABA Journal] New Federalist Society guide on state judicial selection procedures;
  • “Science Quotas for Women–A White House Goal” [Charlotte Allen, Minding the Campus; Hans Bader] More: Heritage. “Title IX swings wildly at invisible enemy” [Neal McCluskey]
  • So that’s what his business card meant when it said he practiced at Loeb and Wachs [AP: "Hawaii attorney convicted in ear licking case"]
  • Rare occasion in which defendant is allowed to strike back: California appeals court says software executive can pursue malicious prosecution case against class action lawyers [NLJ]

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Perhaps there should be a warning label on pharmaceutical warning labels, since they can induce many of the side-effect symptoms they warn against [Maggie Koerth-Baker, BoingBoing]

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Would you want to play in it? [Kaboom via Free-Range Kids]

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It probably isn’t accomplishing much: “Lawyers and experts on internet policy say no court case has ever turned on the presence or absence of such an automatic e-mail footer in America, the most litigious of rich countries.” [The Economist; & note comments that take issue with the above assertion, and also point out the uses of such footers in pre-trial discovery]

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Ira Stoll notices a curious cautionary sign at a Washington, D.C. playground: “Designed for Children Ages 2 to 5 Years (18 months – 5 years for Canada).”

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Australian writer David Broadbent explains to his daughter. [Free-Range Kids] Plus: Australian lawmaker told not to change lightbulb in his office.

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September 23 roundup

by Walter Olson on September 23, 2010

Study after study finds no health effects to worry about, but the city by the Bay wants warnings anyway. [Bruce Nye, Ted Frank/PoL]

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January 16 roundup

by Ted Frank on January 16, 2010

Wear appropriate protective clothing, “do not let this chemical enter the environment”, and if you come in contact with it, “immediately flush skin with plenty of water for at least 15 minutes while removing contaminated clothing and shoes”. It’s ocean sand! MSDSs (Material Safety Data Sheets) are by and for lawyers: “Very few chemists, in my experience, spend much time with these forms at all, preferring to get their information from almost any other source.” [Derek Lowe via Virginia Postrel]

More: Interesting comments, including one on ionized water (if exposed, “flush the contaminated area with water”) and this from reader John: “Good news: if the sand is intended for use by children under 12, as of August 14 the sand itself will have to be permanently labeled with a batch number so it can be easily recalled.”

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The warning on a bottle from Asda, a large U.K. grocery chain, is “indicative of a policy by supermarkets and food manufacturers to liberally stamp warnings on products to avoid legal complications.” [Daily Mail]

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Gary Charbonneau had a gambling history, including substantial wins, which devolved into compulsive gambling in 2002. He blames this on his Parkinson’s disease medication, Mirapex, which he started taking in 1997. Mirapex changed its warning label to include reports of a correlation while Charbonneau was taking the drug; Charbonneau’s doctor kept prescribing the drug. Nevertheless, Charbonneau was able to persuade a jury that the failure to warn was what was responsible for his $200,000 gambling losses (much of which came from gambling illegally) and resulting marital troubles. The jury verdict even awarded $8 million in punitive damages, giving a whole new meaning to jackpot justice (though one would expect the trial court to reduce this substantially). The only press coverage of this lawsuit, aside from a handful of blogs (Pharmalot; TortsProf; InjuryBoard), is in an op-ed I wrote for today’s Examiner about the case and about how a Supreme Court case and Congressional legislation could affect it. (Theodore H. Frank, “Jackpot justice gets new meaning,” DC Examiner, Aug. 19).

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(Post bumped with 12:20 AM update adding coverage of state Labor Department’s suggestion for new warnings.)

Roller-coaster enthusiast and torts professor Bill Childs is stealing our thunder in his coverage of the recent Georgia Batman roller coaster decapitation of Asia LeeShawn Ferguson IV, so there’s no point in rewriting his excellent post instead of quoting it:

[click to continue…]

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June 29 roundup

by Ted Frank on June 29, 2008

  • New FASB regulation may provide fodder for trial lawyers: publicly disclose your internal analysis of liability (thus giving away crucial settlement information and attracting more lawsuits), and/or face lawsuits when your disclosure turns out to be incorrect. [CFO.com; CFO.com; NLJ/law.com ($); FASB RFC]
  • NBC settles a “You-made-me-commit-suicide-by-exposing-my-pedophilia” lawsuit. [LA Times; WSJ Law Blog; Conradt v. NBC Universal]
  • A victim of overwarning? 17-year-old loses hat on Six Flags Batman roller-coaster ride, ignores multiple warning signs to jump multiple fences into unauthorized area, retrieves hat, loses head. [FoxNews/AP; Atlanta Journal-Constitution; TortsProf]
  • Lots of Ninth Circuit reversals this term, as per usual. [The Recorder/law.com]
  • A no-Twinkie defense doesn’t fly in a maid-beating case. [CNN/AP via ATL]
  • The Chinese government demonstrates that it can enforce laws against IP piracy when it wants to [Marginal Revolution]
  • “Justice Scalia said he thought that the United States was ‘over-lawed,’ leading to too many lawyers in the country. ‘I don’t think our legal system should be that complex. I think that any system that requires that many of the country’s best minds, and they are the best minds, is too complex. If you look at the figures, where does the top of the class in college go to? It goes into law. They don’t go into teaching. Now I love the law, there is nothing I would rather do but it doesn’t produce anything.’” [Telegraph]
  • Above the Law commenters decidedly unimpressed by my looks. Looking forward to feminists rushing to my defense against “silencing insults.” [Above the Law]

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