When it comes to the dangers of the demand for a zero-risk childhood, veteran Washington, D.C. broadcast personality Jim Vance seems to be on much the same page (auto-plays video) as Lenore Skenazy of Free-Range Kids.
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Speaking as I was in the Times farm-bill symposium of what I call isometric government, in which different subsidies or regulations tend to cancel out each others’ effect, reminds me of this L.A. Times story recently blogged by Gideon Kanner: government has required that public beaches be carved out of prime Malibu coastline, but then keeps those beaches mostly inaccessible to the public: “In fact, officials discourage visitors from trying to reach the shore from the highway above out of concern that they will be injured scrambling down the 20-foot bluff,” in the words of reporter Tony Barboza.
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Among ways to add to the festive atmosphere: sign-in and sign-out sheets, monitors hired to look out for slip-inducing bead spills, and rules against letting supervisors or employees pour drinks. [Melissa Landry, The Hay Ride] Earlier on Mardi Gras liability here (tossed coconuts), here (floats), here (King cake figurine), and here (flasher’s-remorse cases.
Cybex International, a manufacturer of exercise equipment, has agreed to pay $19.5 million to a Buffalo-area woman “who was injured by a piece of Cybex equipment when she improperly used a leg machine to stretch her shoulder.” A jury had awarded $66 million and a New York appellate court upheld the verdict, while reducing the sum to $44 million. [Lawsuit Reform Alliance of New York; Lintoid/Seeking Alpha and more; Sporting Goods Manufacturers Association]
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- “A 4-Page Playdate Waiver? Is This the New Normal?” [Lenore Skenazy, Free-Range Kids; our 2000 post on "Rise of the High-School Sleepover Disclaimer"]
- Spirit Airlines sets what it calls DOTUC fee, for “Dept. of Transportation Unintended Consequences” [Stoll]
- How fairly are fathers treated in family court? [Nina Shapiro, Seattle Weekly via Alkon]
- “‘Insider’ Trading by the Representative Plaintiff in Shareholder Litigation” [Bainbridge]
- “Donation controversy focuses attention on Madison County asbestos litigation” [St. Louis Post-Dispatch, Chamber-backed LNL]
- Update: Appeals court reinstates Duluth doc’s defamation claims [DNT, earlier here, here, here; "bedside manner" criticism]
- U.K.: “‘Psychic’ Sally Morgan Sues Critics for £150,000 After Refusing $1 Million to Prove Her Powers” [D.J. Grothe, HuffPo] “She’ll be calling witnesses such as ‘an uncle, or father, or a man… with a b in his first name’.” [@thegagthief]
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Kids at a Long Beach preschool had enjoyed it for thirty years without incident, but a state inspector said no. Headline on the resulting article: “Obsession with safety is ruining our playgrounds.” [Gale Holland, L.A. Times]
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“The president of the Florence Park District says he’s disappointed in a system that allows a man riding a motorized bicycle on a winter night on a trail that doesn’t allow motorized vehicles to receive an insurance settlement. Half of the settlement came from a Florence bar because snow was pushed onto the trail when the bar parking lot was plowed.” [AP]
“The family of a man who was gored to death by a mountain goat in Olympic National Park is suing the Park Service.” [AP, National Parks Traveler, earlier]
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“The state inspectors strongly advised us against it,” said the director of a New Jersey preschool. [Greg Olear at Free-Range Kids]
“Kite flying, schoolyard games and sports day sack races have all been hit by an ‘epidemic’ of health and safety excuses, which should be challenged by the public, the Government said.” [Independent] Plus: UK school deems leather balls too dangerous for youngsters, directs use of sponge balls instead [BBC]
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- Central Falls, R.I. lands in bankruptcy court [NYT; my Cato take]
- Less efficient patdowns? Man with one arm files complaint after being turned down as TSA inspector [MSNBC via Hyman]
- Don’t join the Mommy Mob [Ken at Popehat]
- Montana high court upholds failure-to-warn verdict against maker of aluminum baseball bat [PoL link roundup, Russell Jackson; earlier here and here]
- Finally some good news from Connecticut: state enacts law protecting municipalities from lawsuits over recreational land use [BikeRag; earlier here, etc.]
- Claim: climate-change tort suits will require radical changes in tort law and that’s a good thing [Douglas Kysar (Yale), SSRN]
- Attorney keen to go on TV, will take any case, either side [Balko]
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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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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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And other tales of playground litigation and the Consumer Product Safety Commission [Free-Range Kids]
- Hey, why don’t we invade people’s privacy so we can recruit them as figureheads for our privacy-invasion class action? [Cal Biz Lit, earlier on Starbucks pot-convictions case] Class-action coupon settlements are a no-win for consumers [Michelle Singletary, WaPo]
- “Former Silicosis Clients Sue O’Quinn Law Firm, Estate” [Texas Lawyer via PoL, related earlier]
- Gathering ammunition for suits: “Are your employees recording you?” [Hyman]
- Canada: “Inflatables too dangerous for school fair” [Free-Range Kids]
- Evaluating the effectiveness of medical liability reforms [Kachalia & Mello, NEJM]
- “Everything You Ever Wanted to Know About ‘Judge Judy’” [TV Squad]
- “Woman awarded $45,000 after dog kills cat” [six years ago on Overlawyered]
A proposed Hawaii law would assign liability to guidebook writers for some injuries at risky tourist sites [WSJ]
