Posts Tagged ‘slip and fall’

Al Sharpton’s daughter, suing NYC from high places

“Dominique Sharpton posted pictures to Instagram showing she completed a difficult mountain climb in Bali, Indonesia — even though her suit says that ‘she still suffers’ debilitating pain after twisting her ankle in a street crack in Soho last year.” [New York Post and more (“Al Sharpton’s daughter sues city for $5M after spraining ankle”)]

Liability roundup

  • “Judge dismisses Brady Center’s lawsuit. Ammo retailers not to blame for Aurora theater killer” [Denver Post via @davekopel]
  • “Ever been in a crowded subway car when a gunfight broke out? I have.” And it relates to slip-fall cases [Eric Turkewitz]
  • No more of Prosser’s tricks: Scalia warns modern Restatements “of questionable value, must be used with caution” [Orin Kerr]
  • Impact of revelations in Garlock document trove continues to ripple: “Insurer Claims Asbestos Fraud Tainted Pittsburgh Corning Bankruptcy” [Daniel Fisher, Forbes, earlier]
  • Trial lawyer allies want to make California’s insurer-shackling Prop 103 even (if possible) worse [Ian Adams, Insurance Journal, see also]
  • “The settlement shakedown”: Scott Shackford on the Moonlight Fire case in California [Reason, earlier]
  • This must be what they call a hellhole jurisdiction [comic book cover via Jim Dedman, Abnormal Use]

N.Y. trial lawyers: bowling-shoe exemption must not stand

In the New York legislature, bowling alleys are hoping to win a law protecting them from slip-fall liability arising after their customers wear store-rented shoes outside the building and either slip there or track snow or other slippery matter back inside. Weather hazards have been tripping up more customers of the ordinarily indoor sport, it seems, since the state enforced a complete indoor smoking ban. The trial lawyer association is dead set against the bill; its president claims that the bill “undercuts the constitutional right to a trial by a jury” — presumably on the theory that it somehow undercuts trial by jury for a legislature to roll back any instance of liability for anyone anywhere. That’s sheer nonsense, of course — otherwise, it’d have been unconstitutional for legislatures around most of the country to have abolished the old heartbalm torts of breach of promise to marry and alienation of affection. [Albany Times-Union via Future of Capitalism] More: Lowering the Bar.

Law schools roundup

  • Harold Lasswell and Myres McDougal’s influential article on legal education figures prominently in Schools for Misrule; Henry Manne says their scheme of actual classroom pedagogy did less well [Bainbridge]
  • Deanship of local plaintiff’s attorney at St. Louis U. is short, colorful [NLJ]
  • GW lawprof trips, falls at Denver Law event, now in court [Above the Law]
  • Law reviews requiring authors to sign indemnity clauses. Reason for alarm? [Dan Markel, Prawfs]
  • Out-of-touch law academy, vol. 18: Duke prof dismisses floodgates arguments on principle [Ted Frank]
  • “Should Law Reviews Consider Race When Selecting Articles?” (and do they?) [Josh Blackman]
  • Insurance is an undercovered topic in the law school curriculum, so Randy Maniloff decides to do an intervention [Coverage Opinions, PDF, lead article]

Torts roundup

  • Officials: “36% of car-insure claims bogus” in NYC [NY Post]
  • Unseen but looks promising: “Cultures of Tort Law in Europe” [Journal of European Tort Law via TortsProf]
  • “The Limits of Texting Accident Lawsuits” [Ronald Miller]
  • Lawmakers wonder whether there’s some way around Missouri Supreme Court’s “no med-mal reform on our watch” attitude [Kansas City Star]
  • Trial lawyers unhappy as Michigan high court toughens standards on slip-fall suits [AP/Detroit News]
  • Fast track: Illinois legislature moves to increase fees lawyers can recover in med-mal cases [Madison-St. Clair Record]
  • New Jersey municipalities have stake in litigation reform [NJLRA]

“It Was the Curb’s Fault”

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.