Posts Tagged ‘swimming’

RFK Jr. vs. thimerosal

One of America’s least credible public figures, celebrity environmentalist Robert F. Kennedy Jr., wades into the mercury in vaccines/autism controversy (Dec. 29, 2003, earlier posts) with a “special investigation” for Salon and Rolling Stone rehearsing the contentions of anti-thimerosal activists (“Deadly Immunity”, Jun. 16). Orac at Respectful Insolence, who’s covered the controversy extensively, hits back hard here, here and here. Reactions from Salon’s readers are here, and the online magazine has already been obliged to post several corrections of Kennedy’s errors, including the following remarkably embarrassing one:

The article also misstated the level of ethylmercury received by infants injected with all their shots by the age of six months. It was 187 micrograms — an amount 40 percent, not 187 times, greater than the EPA’s limit for daily exposure to methylmercury.

More: Skeptico (Jun. 20) challenges RFK Jr.’s account of a supposedly hush-hush meeting of vaccine scientists held outside Atlanta (via Adler, the Corner).

Filed under: Atlanta, Robert F. Kennedy Jr., swimming, vaccines

UK recreation roundup

The Lincolnshire town of Boston has canceled its annual flower and craft show, a major tourist draw, because it believes the risk of litigation is too high to proceed without hiring licensed stewards at prohibitive rates. (Nick Britten, “Flower show wilts in blame culture”, Daily Telegraph, Apr. 16). In Scotland, “Schools across Renfrewshire have banned pupils from taking part in after-school football [soccer] over fears they would be sued for injuries. … They were banned because volunteer coaches were not covered by the schools’ insurance schemes for after-class games.” (“Legal fears prompt football ban”, BBC, Mar. 12)(via Greg Skidmore, Mar. 14). At the secondary school in Chippenham, Wiltshire, students kick around a soda bottle (presumably of plastic rather than glass) after the school banned conventional footballs from the recess field; at other schools, tag and marbles are now against the rules, and don’t think of touch rugby. “Lots of people just play with bouncy balls, but I suspect that’ll be banned too before too long,” says a 15 year old boy at Abbeyfield (Tony Freinberg, “Can we have our ball back, please?”, Daily Telegraph, Mar. 20). And: “Children have been banned from collecting chickens’ eggs at the National Trust’s showpiece farm [Wimpole Hall in Cambridgeshire] because it is now deemed by health and safety advisers as too hazardous.” (David Sapsted, “Trust bans children from egg collecting”, Daily Telegraph, May 17).

However, in a widely noted case, a swimming club seeking the right to take winter swims in ponds north of London in the absence of lifeguards won a victory in the high court against the Corporation [i.e., city] of London, which “had claimed that it risked prosecution by the Health and Safety Executive if it allowed unsupervised dips.” Mr. Justice Stanley Burnton

ruled that the corporation had fallen into legal error and said club members should be able to swim at their own risk. He spoke out in favour of “individual freedom” and against the imposition of “a grey and dull safety regime”, adding that by granting permission to the club the corporation would not be liable to prosecution for breaches of health and safety.

Mary Cane, chair of the Hampstead Heath Winter Swimming Club, said:

“This was a test case with wide implications for all open swimming in England and represents another successful attack by ordinary citizens on the nanny state and the cult of health and safety.”

Ms Cane said that the club was proud to have played its part “in re-establishing an important principle of personal freedom in this country, taken for granted everywhere else, that responsible adults must be free to decide for themselves whether to pursue recreational activities involving an element of risk”.

(Clare Dyer, “Hardy bathers win right to swim unsupervised”, The Guardian, Apr. 27; Joshua Rozenberg, “Pond swimmers win right to take the plunge”, Daily Telegraph, Apr. 27; “Take the plunge” (editorial), Daily Telegraph, Apr. 27).

Filed under: nanny state, swimming, United Kingdom

“Endangered activities list”

Common Good, the legal reform organization founded by author Philip K. Howard, has compiled a list of activities that have become less common because of liability fears. Among those deemed “rare”: “Sell Girl Scout Cookies at the local gas station” and “Stop and assist a person at the scene of an accident.” “Endangered”: “Play on a seesaw that requires two children to cooperate” and “Lend your car to a person in need.” Deemed “extinct,” perhaps with poetic exaggeration: “Fire a poorly performing teacher or government official” and “Keep a public lake open for swimming.” (“Save these activities … before it?s too late!”, Common Good, undated, announced Jun. 3)

Filed under: swimming

Mississippi YMCA drowning case settles

A televised lawsuit against a Mississippi YMCA and a host of other defendants completed settlement late last week. (Terms of the settlement, no doubt motivated in part by the threat of a request for punitive damages, were not disclosed, but the lead plaintiffs’ lawyer, Dennis Sweet (see May 7 and Oct. 25, 2000), implied the total was almost $10 million.) The plaintiffs did not just sue the YMCA over their son’s drowning, but also sued a local television station’s charitable foundation because it had provided funding for the YMCA’s swimming program–which no doubt explains why the press coverage was more skeptical than it usually is when plaintiffs go after deep pockets.

Monte Barton, who represents the Y.M.C.A., says, “The Y.M.C.A. relies on [its] donors and volunteers. If they get scared away, because of the threat of lawsuits, it will definitely [affect] not only the Y.M.C.A., but other organizations like that.”

Charlene Priester, who represents the TV-3 Foundation, says, “That may indeed be something that is discussed in board rooms of charities throughout Jackson, the state and the nation since it was broadcast all over the country.”

Priester represents the TV-3 Foundation, the separate non-profit organization that helps the community. It is also out of the lawsuit now. But Priester says she’s still troubled by it.

Priester says, “Once someone has been sued in this type of lawsuit, it will always make you wonder before you do something to help. Do you subject yourself to this type of litigation?”

That’s why Priester says there needs to be some self-examination in the legal system.

Priester says, “This case might have been the poster child for tort reform…when you start suing charitable organizations when you know all they did is donate money and volunteers.”

(Dawn Russell, “Drowning Suit Draws Community Concern”, WLBT, Nov. 13; “Final defendant settles lawsuit over Jackson YMCA drowning”, AP, Nov. 15; Jimmie E. Gates, “Lawsuit over drowning settled”, Mississippi Clarion-Ledger, Nov. 15; “Three defendants agree to settle lawsuit over Jackson YMCA drowning”, AP, Nov. 14; Joanna Gaitanoglou, “All but One Defendant Dropped from Drowning Suit”, WLBT, Nov. 13; Rochelle Steinhaus, “Most parties in drowning suit settle, but trial goes on”, CourtTV, Nov. 13; complaint).

Filed under: deep pocket, Mississippi, personal responsibility, swimming

Secondhand smoke vs. firsthand contraband

One of the larger costs from the lack of tort reform is not so much the damages awards to undeserving plaintiffs or the fees that plaintiffs’ lawyers extract or the cost of hiring lawyers to defend, but the social costs imposed when decisions are made to avoid the risk of litigation: playgrounds shut down, bans on cold weather swimming (“Don’t be so wet”, The Economist, Oct. 2 (subscription required)).

The repercussions have been particularly severe in Colorado, where a fear of secondhand smoking suits caused the prison system there, where the vast majority of the 18,000 prisoners incarcerated are smokers, to ban tobacco. The result? An immediate creation of a black market with markups for tobacco far exceeding that for cocaine, and the expected associated violence and corruption that goes along with a widespread black market in prison. Eighteen guards, teachers, and supervisors have been prosecuted in three years, and a prisoner newsletter calls the tobacco contraband law “a retirement assistance program for correctional officers.” (Kirk Mitchell, “Ban turns tobacco into prison prize”, Denver Post, Oct. 13).

Filed under: Colorado, Denver, prisoners, swimming, tobacco

Archived schools items, pre-July 2003

Grades and honors, 2003: “‘Student sues over top title’” (N.J. valedictorian), May 3-4 (& update May 13: wins case); “Teachers afraid“, Mar. 31; “My lawyer says I’m the valedictorian“, Feb. 18; “‘Student sues to get A+, not A’“, Feb. 10. 2002: “Welcome Salon.com readers, Bill O’Reilly listeners“, Jul. 12-14; “Welcome Fox News viewers/ readers“, Aug. 2-4; “‘Student gets diploma after threatening lawsuit’“, Jun. 13. 2000: “Lawsuits over failing grades“, Jan. 4. 1999: “You shoulda flunked me!” (suit by athlete over too-lenient grading), Dec. 27-28.

“Annals of zero tolerance”, 2002: “Black eye for zero tolerance” (students say they found pills on school grounds), Sept. 30; “Steak knives, finger ‘guns’“, May 16; “‘Positive nicotine test to keep student from prom’” (over-18 student, off-premises consumption), Apr. 26-28 (& update May 10-12: school backs down); “Zero tolerance leaves ’em gasping” (asthma inhalers), Apr. 8-9; “School told to rehire cocaine abuser“, Mar. 20-21; “Goodbye to zero tolerance?“, Jan. 25-27. 2001: “Under the Christmas tree” (toy soldiers), Dec. 21-23; “John Leo on Overlawyered.com“, Aug. 15; “The rest of Justice O’Connor’s speech“, July 6-8 (& letters to the editor, Aug. 1); “Bagpiper prom garb” (skean dubh knife), June 21 (& letter to the editor, July 6); “Drawing pictures of weapons“, May 15; “Zero tolerance spiral” (roundup), April 12; “Non-gun control” (second-graders’ paper gun), March 23-25; “ABA criticizes zero tolerance“, Feb. 21-22; “Pointing chicken finger“, Feb. 2-4; “Fateful fiction“, Jan. 30; “Gun-shaped medallion“, Jan. 18; “‘Boy faces jail for slapping girl’s bottom’“, Jan. 5-7. 2000: “U.K.: skipping, ‘conkers’ taboo in schoolyards“, Dec. 15-17; “School now says hugs not forbidden“, Oct. 4; “Tweety bird chain” (also African tribal knives case), Sept. 29-Oct. 1 (& update Oct. 4); “Kopel on zero-tolerance policies“, Sept. 25-26; “‘NZ kids get ‘license’ to play with toy guns’“, Sept. 8-10; “Ease up on kids” (Salt Lake Tribune), Aug. 4-7; “Annals of zero tolerance” (six-year-old’s “sexual harassment”, finger guns, ABA Journal), May 22; “Kindergartners’ ‘bang, you’re dead’“, April 17; “Don’t play James Bond” (fifth grader’s plastic toy gun), March 28; “Scissors, teacher’s beer“, March 15; “Hug protest in Halifax“, March 2. 1999: “Roundup“, Dec. 27-28; “Weekend reading: columnist-fest” (John Leo), Dec. 11-12; “Scissors, toy-gun cases“, Dec. 8; “The fateful thumb” (gunlike hand gesture), Nov. 20-21; “More nail clippers cases“, Nov. 10; “Cannon shots banned” (yearbook photo posed on artillery), Oct. 30-31 (update Nov. 26-28: school relents); “Zero tolerance strikes again” (knife to cut cake), Oct. 23-24; “Dog searches of junior high lockers” (South Carolina), Oct. 15; “Annals of zero tolerance” (“Billabong” label clothing), Sept. 2 (& Sept. 8 update); “For your own good” (transparent backpacks only), August 4.

Stop having fun, 2003: Letter to the editor, Mar. 31. 2002: “Helmets for roller skaters“, Jun. 7-9; “‘Remove child before folding’” (George Will on playgrounds), Jun. 5; “Overprotecting the kids“, Feb. 18-19. 2001: “Dodge ball on endangered list“, June 13; “By reader acclaim: ‘Clowns told to get custard pie insurance’“, Apr. 9. 2000: “U.K.: skipping, ‘conkers’ taboo in schoolyards“, Dec. 15-17; “Good Humor man busted for ringing bell“, Nov. 6; “‘NZ kids get ‘license’ to play with toy guns’“, Sept. 8-10; “The forbidden cookout“, Jun. 2-4; “Musical chairs disapproved” (game said to encourage violence), May 24; “Dismounted” (horseback program for mentally impaired kids), May 12; “Little League lawsuits“, May 3; “Gray sameness of modern playgrounds“, Apr. 25-26; “Columnist-fest” (Girl Scout horseback riding disclaimer), Apr. 6; “Rise of the high school sleepover disclaimer“, Mar. 22; “Girl puts head under guillotine; sues when hurt“, Mar. 8. 1999: “A lovable liability risk” (principal’s golden retriever), Nov. 18-19; “Seesaws as museum items” (towns sued over playgrounds), Sept. 27; “Spreading to the U.K.” (schools adventure trips, etc.), Aug. 5; “For your own good” (ban on clothing or shoes that might cause students to trip; non-transparent backpacks), Aug. 4. Also see pools and swimming; scary things.

School violence cases, 2002: “Florida school shooting: the deep pockets did it“, Dec. 13-15. 2001: “Put the blame on games“, April 24 (& see March 6, 2002: judge dismisses case). 2000: “‘Just put the candy in the bag, lady’“, Sept. 4; “Principal, school officials sued over Columbine massacre“, Jul. 21-23 (update Nov. 30-Dec. 2, 2001: judge dismisses most counts); “Columnist-fest” (Anne Roiphe), May 2; “Overlawyered schools: three views“, Apr. 21-23; “Judge dismisses case blaming entertainment biz for school shootings” (Paducah case), Apr. 13. 1999: “Descent of the blame counselors“, Nov. 2; “Nominated by reader acclamation” (Klebold parents sue), Oct. 18; “Censorship via (novel) lawsuit“, Jul. 22.

Special ed, disabled rights, 2003: “Letter to the editor“, Jun. 20-22. 2002: “‘Ex-Teach’s Suit: Kids Abused Me’“, Jun. 26-27 (& update Jul. 24); “Minimum GPA for study abroad said unfair to disabled“, Jan. 9-10. 2001: “Connecticut to ‘mainstream’ retarded kids“, Jul. 5 (& letter to the editor, Aug. 1); “Litigators vs. standardized tests, I: the right to conceal“, Feb. 9-11. 2000: “‘NCAA Can Be Sued Under ADA, Federal District Judge Rules’“, Nov. 28; “Back-to-school roundup: granola bars out, Ritalin in“, Aug. 29-30; “Unwanted medical duties” (care of students), June 5; “Overlawyered schools: three views” (school discipline and IDEA, etc.), Apr. 21-23; “Disabled test-accommodation roundup“, Feb. 16; “Disabled accommodation in testing“, Jan. 12. 1999: “After Casey Martin, the deluge” (youth soccer), Nov. 5-7 (updated Nov. 13-14); “Disabled accommodation vs. testing fairness“, Sept. 21; “Death by mainstreaming” (hazards of mentally disabled 12-year-old’s rights), August 31; and see disabled rights generally.

Higher ed, 2003: “MIT sued over student’s nitrous-oxide death“, Feb. 25. 2002: “‘Rocketing liability rates squeeze medical schools’“, May 28-29; “‘Tilting the playing field’” (Title IX), May 14-15; “Law hurts men, women” (Title IX), Jan. 23-24; “Class action on behalf of illegal-alien college students“, Jan. 11-13; “‘Ex-student sentenced for rape lie’” (wants to become attorney), Jan. 11-13 (& see May 26-29, 2000: Stephen Glass graduates Georgetown Law); “Minimum GPA for study abroad said unfair to disabled“, Jan. 9-10. 2001: “University official vs. web anonymity“, Oct. 30; “‘We often turn irresponsibility into legal actions against others’” (Robyn Blumner on U. of South Fla. art student harassment case), Aug. 13-14; “Don’t rock the Coke machine“, Jul. 20-22; “By reader acclaim: student sues law prof over class demonstration“, June 27; “‘Persistent suitor’” (criticism of academic journals’ publisher), Feb. 6. 2000: “Gets no kick from football verdict” (Title IX), Nov. 3 (& Jan. 31, 2001); “Place kicker awarded $2 million“, Oct. 13; “Don’t talk to the humans” (human-subject experimentation rules), Sept. 1-3; “Why you can’t trust letters of recommendation“, Jul. 10; “Degrees of intimidation” (book on “diploma mills”, Apr. 28-30; “Prof sues for right to flunk students” (Univ. of Mich.), Mar. 16; “Mormon actress sues over profanity” (says Univ. of Utah theater dept. insisted she utter foul language in scripts), Jan. 24. 1999: “Link your way to liability?” (prof sues over “course critique” website), Nov. 15; “We didn’t mean those preferences!” (veterans’ preferences unpopular at Berkeley), Nov. 11; and see disabled rights in education.

Sports, 2003: “Schools roundup“, Apr. 9; “Sis-Boom-Sue” (cheerleading), Jan. 15-16. 2002: “‘Father files suit after son fails to make MVP award’” (hockey, New Brunswick), Nov. 8-10; “Tour of the blogs” (Title IX), Sept. 24; “‘Parents suing youth football league’“, Aug. 28; “‘Tilting the playing field’” (Title IX), May 14-15 (& Jan. 23-24); “‘Before you cheer … “Sign here”‘” (cheerleading release forms), Mar. 15-17. 2001: “Federal judge rules high-school sports schedules unlawful“, Dec. 24-27 (& letter to editor, Feb. 28); “‘Father seeks $1.5 million after son misses varsity spot’“, Dec. 13-14; “Letter to the editor” (junior varsity dance team), Sept. 3; “‘Dad sues after girl fails to make cheerleading squad’“, Jun. 4; “Suing the coach“, May 2. 2000: “‘NCAA Can Be Sued Under ADA, Federal District Judge Rules’“, Nov. 28; “‘Opposition to Indian mascots intensifies’“, Nov. 8; “Gets no kick from football verdict” (Title IX), Nov. 3; “Place kicker awarded $2 million“, Oct. 13; “‘Mother sues over lack of ice time for goalie son’“, Sept. 11; “Litigious varsity“, Feb. 8-9. 1999: “Gimme an ‘S’, ‘U’, ‘E’” (suits over failure to make cheerleading squads), Nov. 15; “After Casey Martin, the deluge” (youth soccer), Nov. 5-7 (updated Nov. 13-14); “ADA protection for boozing student athletes“, Sept. 29.

Overlawyered.com commentary:

“Schools roundup“, Apr. 9, 2003.

“Teachers afraid“, Mar. 31, 2003.

“Kids’ art on walls ruled a fire hazard“, Mar. 20, 2003.

“Suit: schoolkids shouldn’t attend rodeo“, Oct. 24, 2002.

“Cutting edge of discrimination law” (Puyallup district, Wash.), Oct. 7-8, 2002.

“Tour of the blogs” (suit vs. statewide tests), Sept. 24, 2002.

“Don’t ban peanut butter from schools“, Aug. 23-25, 2002.

Personnel: “Schools roundup“, Apr. 9, 2003; “Convicted, but still on their teaching jobs“, Jul. 10-11, 2002; “School told to rehire cocaine abuser“, Mar. 20-21, 2002; “Coming soon to a school near you” (applicant with police record OK’d since no convictions), Jan. 17, 2001; “Property taxes triple after wrongful-termination suit“, Dec. 20, 2000; “Reprimand ‘very serious’ for teacher” (had given 11-year-old girl money to buy marijuana), Jun. 27, 2000; “Victim of the century?” (misbehaving principal collects disability benefits for sexual compulsion), Jun. 2-4, 2000; “You were negligent to hire me” (undisclosed rape-related conviction), May 30, 2000.

“‘Suits Against Schools Explore New Turf’“, Jun. 19-20, 2002.

“Folk medicine meets child abuse reporting” (“coining” of children’s skin), May 31-June 2, 2002.

“Letter to the editor” (sending kids home with slight sniffle), Apr. 11, 2002.

“‘Before you cheer … “Sign here”‘“, Mar. 15-17, 2002.

“Education reforms could serve as basis for new suits“, Mar. 13-14, 2002.

“Jail for schoolyard taunts?“, Feb. 27-28, 2002.

“‘Hot-dog choking prompts lawsuit’“, Jan. 2-3, 2002.

“Australia: student wins millions over corporal punishment“, Feb. 20, 2001 (& update Dec. 15-16); “Bankrupting Canadian churches?” (Indian residential schools), Aug. 23-24, 2000.

“Overlawyered schools roundup“, Dec. 7-9, 2001.

“Educational privacy gone to extremes“, June 27, 2001 (& Nov. 28, Dec. 7-9).

“‘School sued over poor results’” (U.K.), Nov. 23-25, 2001.

“From the paint wars: a business’s demise, a school district’s hypocrisy“, Nov. 13, 2001.

“‘Teen sex offenders face years of stigma’“, Nov. 5, 2001.

“‘Never far from school halls: the lawsuit’“, Oct. 10-11, 2001; “Election roundup” (Bush proposal to protect educators from lawsuits), Oct. 23, 2000; “Overlawyered classrooms” (survey of school administrators finds fear of litigation), Sept. 11-12, 1999.

“School email pranksters to Leavenworth?” (antihacking proposal), Aug. 10-12, 2001.

“‘Airline restricts children flying alone’“, Aug. 6, 2001.

“‘Dead teen’s family sues Take Our Kids To Work’“, May 31, 2001.

“Anonymity takes a D.C. hit” (bill to ban anonymous email, browsing in schools, libraries), May 21, 2001.

“‘Iowa Supreme Court says counselors liable for bad advice’“, April 27-29, 2001.

“‘Teacher sues parent over handshake’“, March 26, 2001.

“No more Indian team names?“, March 15, 2001.

“Appeals panel: schools’ harassment rule unconstitutional“, Feb. 27, 2001; “Weekend reading” (Title IX and “student-on-student” harassment), August 21-22, 1999.

“Forbidden paint zone” (New York City’s 10-foot rule), Feb. 27, 2001.

“U.K.’s school bullying suits“, Feb. 14-15, 2001.

“Behind ‘Boston Public’“, Nov. 21, 2000.

“‘Internet Usage Records Accessible Under FOI Laws’“, Nov. 14, 2000.

“School suspends girl for casting spell“, Nov. 1, 2000.

“Back-to-school roundup: granola bars out, Ritalin in” (allergies), Aug. 29-30, 2000; “Multiple chemical sensitivity from school construction“, Jul. 3-4; “Scented hair gel, deodorant could mean jail time for Canadian youth“, Apr. 24, 2000.

“Letourneau scandal: now where’s my million?” (boy sues), Apr. 20, 2000.

“School safety hysteria, internalized” (program encourages students to inform anonymously on depressed or angry classmates), Apr. 7-9, 2000; “Overlawyered schools: three views” (update), Apr. 21-23, 2000.

“$60,000 battle over $5 t-shirt” (dress code, heavy-metal t-shirt), Apr. 19, 2000 (update, Aug. 29-30: case settled).

“Welcome, Yahoo and About.com visitors” (this page listed), Jan. 11, 2000.

“Got milk? Get sued” (veggie lawsuit against milk in schools), Dec. 16, 1999.

Teachers sue students: “Back-to-school roundup: granola bars out, Ritalin in“, Aug. 29-30, 2000; “Drastic remedy for unruly classrooms“, Sept. 28, 1999.

“Teach but don’t touch” (educators, camp counselors afraid of physical contact with kids), Sept. 15, 1999.

“Blackboard jungle” (Ann Arbor substitute teacher back-pay case), Sept. 14, 1999 (& letter to the editor, Jun. 20-22.).

“Undislodgeable educators” (tenure plus employment law), Aug. 18, 1999.

Other online articles of interest:

Wendy M. Williams and Stephen J. Ceci, “Accommodating Learning Disabilities Can Bestow Unfair Advantages“, Chronicle of Higher Education, Aug. 6, 1999.

Articles by Overlawyered.com editor Walter Olson:

“Title IX’s Invisible Ink” (“student-on-student” harassment), Reason, August/Sept. 1999.

“Standard Accommodations” (special ed expands toward infinity), Reason, February 1999.

“Title IX from Outer Space: How federal law is killing men’s college sports“, Reason, February 1998.

“Opposing View: Meddlers Won’t Quit” (EEOC guidelines on college athletic coaches’ pay), USA Today, November 17, 1997.

“Say What?” (“accent discrimination”; Westfield, Mass. school case), Reason, November 1997.

“The Law on Trial“, Wall Street Journal, October 14, 1997 (review of Beyond all Reason by Daniel Farber and Suzanna Sherry).

“Time to Get Off the Tenure Track“, The New York Times, July 8, 1997.

“Shut Up, They Explained” (zero-tolerance harassment policies), Reason, June 1997.

“Have You Used a Kid Today As a Political Pawn?“, Chicago Tribune, November 14, 1996.

“A Connecticut Yankee in Court” (Sheff v. O’Neill decision), City Journal, Autumn 1996.

“Kidlib and Mrs. Clinton: The Hand that Rocks the Cradle,? National Review, May 11, 1992.

“Breaking Ranks“, review of Reflections of an Affirmative Action Baby by Stephen Carter, National Review, October 7, 1991.

Filed under: Australia, Canada, Connecticut, deep pocket, Iowa, Little League, schools, South Carolina, swimming, teacher tenure, Title IX, Utah, zero tolerance

Archived personal responsibility items, pre-July 2003

Tipple your way to court, 2003: “Shouldn’t have let him get so drunk” (Australia), May 12. 2002: “‘Woman freezes; sues city, cabbie’“, Sept. 18-19; “Wasn’t his fault for lying drunk under truck“, Aug. 16-18; “Hey, no fair talking about the pot” (highway rollover), Apr. 12-14; “European workplace notes” (employer responsible for vodka overdose), Feb. 25-26; “‘Drunken Driver’s Widow Wins Court’s OK To Sue Carmaker’“, Feb. 25-26. 2001: “‘Teen hit by train while asleep on tracks sues railroad’“, Dec. 12; “‘Man suing after drunken driving crash’“, Aug. 20-21; “Don’t rock the Coke machine“, Jul. 20-22; “Court says tipsy topless dancer can sue club“, Jul. 3-4; “Jury: drunk driver hardly responsible at all for fatal crash“, Jun. 15-17; “It was the bar’s fault“, Apr. 13-15; “‘Court upholds workers compensation for drunk, injured worker’“, Apr. 6-8; “‘Woman who drove drunk gets $300,000’” (Ontario), Feb. 7-8 (& see Sept. 24, second case: $18 million); “‘All you can drink’ winner sues over fall“, Jan. 31-Feb. 1. 2000: “Zapped pylon-climber sues liquor-servers, utility“, March 6. 1999: “Personal responsibility wins a round” (judge rejects case from Pa. man who got drunk and climbed high voltage catenary), Sept. 17-19.

Maybe crime does pay, 2003: “‘Robber sues clerk who shot him during holdup’“, May 6; “Not an April Fool’s joke“, Apr. 1; “‘Burglars to be banned from suing victims’” (U.K.), Mar. 10-11; “‘Family of electrocuted thief gets $75,000’“, Feb. 26; “Tried to outrun Coast Guard in chase“, Feb. 14-16; “‘No suits by lawbreakers, please’“, Jan. 27-28 (& Jan. 31-Feb. 2). 2002: “‘Mom who drugged kids’ ice cream sues’“, Nov. 1-3; “‘Patient sues hospital for letting him out on night he killed’” (Australia, psychiatric case), Oct. 16-17; “‘Crime pays for teenage lout’” (Australia), Sept. 3-4; “‘After stabbing son, mom sues doctors’“, May 31-Jun. 2; “‘Barbed wire might hurt burglars, pensioner warned’“, May 28-29; “Hospital rapist sues hospital“, May 22-23 (& Mar. 5-7, 2003: court dismisses case); “Lawyers say taxpayers owe $41 million to smuggled illegals’ survivors“, May 10-12; “L.A. police sued, and sued” (by family of gunman killed in shootout), Apr. 12-14; “Should have arrested him faster” (frostbite in the open), Mar. 1-3; “Vandal’s dad sues store over blaze“, Feb. 6-7; “Paroled prisoner: pay for not supervising me“, Jan. 4-6. 2001: “Firefighter’s demand: back pay for time facing criminal rap“, Aug. 29-30; “‘Man suing after drunken driving crash’“, Aug. 20-21; “‘Criminals could sue their victims’” (U.K.), July 26; “‘Woman who drove drunk gets $300,000’” (Ontario), Feb. 7-8; “Crime does pay” (Denver burglar shot by police gets $1.2 million), Feb. 2. 2000: “‘Burglar sues for compensation’” (Australia), Nov. 21 (& see Apr. 1-2, 2002); “‘Fla. DUI Teen Sues Police’” (should have arrested him, he argues), Nov. 14; “Killed his mother, now suing his psychiatrists“, Oct. 2; “Not my fault, I” (woman who murdered daughter sues psychiatrists), May 17; “$65 million Texas verdict: driver at twice the legal blood limit” (drunk driver’s estate sues automaker), March 28; “From the labor arbitration front” (disallowed firing of employee who pleaded no contest to larceny), March 28; “Crime does pay, cont’d” (North Hollywood, Calif. bank robber killed in police shootout), Feb. 23 (& update March 23: mistrial declared after jury deadlock in suit by robber’s family); “County to pay ‘mountain man’ burglar $412,500“, Feb. 15. 1999: “‘Two men shot in suspected drug deal win $1.7 million’“, Dec. 15 (& update June 6, 2001: appeals court overturns); “California’s worst?” (bank robber sues after hidden tear-gas device goes off in loot), Dec. 14; “Drunks have rights, too“, Dec. 1 (& update Jul. 24-25, 2000: appeals court throws out award). See also our editor’s article on New York’s “mugger millionaire” case.

Pools & swimming, 2003: “‘Lawyers spoil fun’” (Ga. water park), May 19; “‘Florida jury awards $100M for pool accident’“, Feb. 13. 2002: “Australia’s litigation debate“, May 24-26. 2001: “Australian roundup” (bodysurfer), Nov. 23-25; “Needed: assumption of risk“, Jul. 27-29. 2000: “‘How’s the pool?’” (Las Vegas Strip’s Frontier Hotel recommended for its pre-big-lawsuits deep end), Feb. 23; “Latest shallow-end pool dive case“, Jan. 24. 1999: “Razor wire on the pool fence” (homeowner finds it too big a legal risk to let local kids swim), Jul. 27.

“Should have watched his step answering call of nature“, Mar. 8-9, 2003.

Couldn’t help eating it, 2003: “Give me my million“, Jun. 20-22; “Judge tosses McDonald’s obesity case“, Jan. 23 (& Jan. 27-28); “Anti-diet activist hopes to sue Weight Watchers“, Jan. 13-14. 2002: Letter to the editor, Oct. 23; “Claim: docs should have done more to help woman quit smoking and lose weight“, Sept. 18-19; “Personal responsibility roundup“, Sept. 12; “Fat suits, cont’d“, Jul. 26-28; “‘Ailing man sues fast-food firms’“, Jul. 25; “Sin-suit city“, Jun. 10; “McArdle on food as next-tobacco“, May 27; “‘Targeting “big food”‘“, Apr. 29-30; “Life imitates parody: ‘Whose Fault Is Fat?‘”, Jan. 23-24. 2001: “‘Diabetic German judge sues Coca-Cola for his health condition’“, Nov. 18. 2000: “‘Caffeine added to sodas aims to addict — study’“, Aug. 18-20. 1999: “Toffee maker sued for tooth irritation“, Nov. 5-7; “Not just our imagination” (calls for class-action suits against fast-food, meat purveyors), Sept. 25-26.

Warning labels and disclaimers, 2003: “‘Wacky Warning Label’ winners“, Jan. 13-14. 2002: “Satirical-disclaimer Hall of Fame” (Australian humor magazine), Oct. 28-29; “‘Warning …’” (Dave Barry humor column), Aug. 16-18; “Read the label, then ignore it if you like” (flammable carpet adhesive), Jul. 12-14; “Pitcher, hit by line drive, sues maker of baseball bat“, Apr. 19-21; “Injured in ‘human hockey puck’ stunt“, Mar. 18; “‘Before you cheer … “Sign here”‘“, Mar. 15-17; “Didn’t know cinema seats retracted“, Feb. 13-14; “Warning on fireplace log: ‘risk of fire’“, Jan. 25-27. 2001: “Et tu, UT?” (Utah will not enforce parent-signed release forms for children), Nov. 16-18; “Disclaimer rage?“, Oct. 15; “Needed: assumption of risk“, Jul. 27-29; “Quite an ankle sprain” (failure to warn of gopher holes in parks), Apr. 20-22; “‘Wacky Warning Label’ winners“, Jan. 19-21. 2000: “Columnist-fest” (Girl Scout horseback riding disclaimer), Apr. 6; “Rise of the high school sleepover disclaimer“, Mar. 22; “From our mail sack: skin art disclaimers” (tattoo consent form), Mar. 1; “Weekend reading: columnist-fest” (Laura Pulfer on warning labels), Feb. 5-6; “Never iron clothes while they’re being worn” (Wacky Warning Label contest winners), Jan. 18 (& letter to editor, Jan. 21-23). 1999: “Christmas lawyer humor” (Yuletide greetings consisting entirely of disclaimers), Dec. 23-26; “Weekend reading” (disclaimers “creeping into nearly every aspect of American life”), Jul. 31-Aug. 1.

Blamed for suicides, 2003: “‘No suits by lawbreakers, please’“, Jan. 27-28 (& Jan. 31-Feb. 2). 2002: “The blame for suicide“, Sept. 25-26; “‘Addictive’ computer game blamed for suicide“, Apr. 3-4. 2001: “Utah: rescue searchers sued“, Nov. 26, 2001; “‘Shooting range sued over suicide’“, Sept. 27; “$3 million verdict for selling gun used in suicide“, Sept. 17; “‘Suicide- Attempt Survivor Sues’” (department that issued cop his gun), Jan. 24-25.

Excuse syndromes, 2002: “Blue-ribbon excuses” (sex on train), Oct. 7-8; “So depressed he stole $300K“, Mar. 19; “Rough divorce predisposed him to hire hitman“, Feb. 13-14. 2001: “Stories that got away” (multiple-personality defense), Jul. 23; “‘Pseudologica fantastica’ won’t fly” (judge’s fibs on resume), Jun. 7 (& Aug. 20-21); “Judge buys shopaholic defense in embezzling“, May 25-27; “The malaria drug made him do it“, Mar. 28. 2000: “Blue-ribbon excuses” (baked goods mutilator, lawyer pleading incompetent self-representation), Oct. 6-9; “Predestination made him do it” (Pope’s assassin and Fatima prophecy), June 6; “Victim of the century?” (misbehaving school principal collects disability benefits for sexual compulsion), Jun. 2-4; “Prozac made him rob banks“, Mar. 1; “Blue-ribbon excuse syndromes“, Feb. 12-13; “Latest excuse syndromes“, Jan. 13-14. 1999: “Doctor sues insurer, claims sex addiction“, Oct. 13.

“Lightning bolt in amusement park’s parking lot“, Jun. 23, 2003; “‘Woman attacked by goose sues county’“, Jan. 27-28, 2003; “Quite an ankle sprain” (watch where you’re going in parks), Apr. 20-22, 2001.

“MIT sued over student’s nitrous-oxide death“, Feb. 25, 2003; “By reader acclaim: ‘Parents file suit over student’s drug death’” (abuse of Oxycontin), Jul. 25, 2001.

“Take care of myself? That’s the doc’s job“, Feb. 14-16, 2003; “Claim: docs should have done more to help woman quit smoking and lose weight” (Pa.), Sept. 18-19, 2002.

“Satirical-disclaimer Hall of Fame” (Australian humor magazine), Oct. 28-29, 2002; “Tobacco: Boeken record” (The Onion parody), June 19, 2001; “Jury orders ‘Big Chocolate’ to pay $135 billion to obese consumers” (parody), Aug. 3, 2000; “This side of parodies” (fictional account of self-inflicted icepick injury), Oct. 5-6, 1999.

Sports risks: “Sis-Boom-Sue” (cheerleading), Jan. 15-16, 2003; “Skating first, instructions later“, Sept. 25-26, 2002; “Pitcher hit by line drive sues maker of baseball bat“, Apr. 19-21, 2002; “Australian roundup” (Perth bodysurfer), Nov. 23-25, 2001; “Needed: assumption of risk” (baseball thrown into stands, skydiving), July 27-29; “‘Lawsuits could tame ski slopes’“, Feb. 6, 2001; “Promising areas for suits” (foul-ball cases and other stadium injuries), Dec. 7, 2000; “Teams liable for fans’ safety” (Colorado: hockey puck hit into stands), Aug. 15; “‘Skydivers don’t sue’“, May 26-29; “Trips on shoelace, demands $10 million from Nike“, April 7-9, 2000.

Gambling: Letter to the editor, Oct. 23; “Personal responsibility roundup“, Sept. 12, 2002; “Sin-suit city“, Jun. 10; “‘Next tobacco’ watch: gambling“, May 20-21, 2002 (& May 31); “‘Gambling addiction’ class action” (Quebec), June 20, 2001.

Hot beverages: “Litigation good for the country?” (Carl T. Bogus), Aug. 19, 2002; “British judge rejects hot-drink suits“, Mar. 29-31, 2002 (& Aug. 10, 2000); “By reader acclaim” (Illinois case; complainant sues mother), Jan. 11, 2001; “‘Court says warning about hot coffee unnecessary’” (Nevada Supreme Court), Jul. 18, 2000; “Now it’s hot chocolate“, Apr. 4, 2000.

“‘Family of boy injured by leopard may sue’“, Jul. 18, 2002; “Skinny-dipping with killer whale: ‘incredibly bad judgment’“, Sept. 21, 1999 (Oct. 7 update: case dropped).

“Wasn’t his fault for lying drunk under truck“, Aug. 16-18, 2002; “‘Win Big! Lie in Front of a Train!’“, Jun. 26-27, 2002 (& Jul. 12-14); “Australian roundup” (graffiti artist on train), Nov. 23-25, 2001; “Hit after laying on RR tracks; sues railroad“, Oct. 23, 2001.

“‘Man awarded $60,000 for falling over barrier’“, Mar. 5, 2002.

“Utah: rescue searchers sued“, Nov. 26, 2001.

“Suit blames drugmaker for Columbine“, Oct. 24-25, 2001.

“Mosh pit mayhem“, Sept. 7-9, 2001.

“Urban legend alert: six ‘irresponsibility’ lawsuits“, Aug. 27-28, 2001.

“Don’t rock the Coke machine“, Jul. 20-22, 2001.

“Tobacco: Boeken record“, June 19, 2001.

Scary!: “From dinner party to court” (U.K. hypnotist), May 22, 2001; “Hypnotist sued by entranced spectator“, March 3-14, 2001; “Girl puts head under guillotine; sues when hurt“, March 8, 2000; “Haunted house too scary“, Jan. 6, 2000; “‘Scared out of business’” (decline of community Halloween haunted houses), Nov. 5-7, 1999.

Stop having fun (children’s recreation): see schools page.

“Tendency of elastic items to recoil well known“, Mar. 6, 2001.

“By reader acclaim” (sues alleged crack dealers over own addiction), Jan. 11, 2001.

“Smoker’s suit nixed in Norway“, Dec. 18-19, 2000; “Personal responsibility takes a vacation in Miami” (Engle tobacco verdict), July 8, 1999.

“Highway responsibility” (Derrick Thomas suit), Nov. 28, 2000.

“Fat tax proposed in New Zealand“, Oct. 31, 2000.

“More things you can’t have: raw-milk cheeses“, Oct. 3, 2000; “More things you can’t have” (unpasteurized cider, New England square dances), Sept. 27, 1999; “More things you can’t have” (rare hamburgers, food sent to summer camp), August 9, 1999.

“Smoking and responsibility: columnists weigh in” (after Florida verdict), Jul. 28-30, 2000.

“‘”Whiplash!” America’s most frivolous lawsuits’” (book collects cases), Jul. 14-16, 2000.

“Inmate: you didn’t supervise me” (horseplay alone in cell), Jul. 7, 2000.

“Can’t sue over affair with doctor” (court rules it was consensual), Jun. 13, 2000.

“Risky? Who’da thunk it?” (currency speculator sues over losses), Jun. 9-11, 2000.

“‘Jury awards apparent record $220,000 for broken finger’” (hurt while dancing), May 22, 2000.

“Videogame maker agrees to furnish safety gloves“, Mar. 13, 2000.

“Letourneau scandal: now where’s my million?” (boy sues), Apr. 20, 2000.

“All dressed up“, Apr. 19, 2000.

“Down repressed-memory lane I: costly fender-bender” (eggshell-psyche plaintiff), Dec. 29-30, 1999.

“Down repressed-memory lane II: distracted when she signed” (separation agreement), Dec. 29-30, 1999.

“GM verdict roundup” (lawyers shift drunk drivers’ responsibility to automakers), Dec. 16, 1999; “Drunks have rights, too“, Dec. 1, 1999.

“Rolling the dice (cont’d)” (Internet gambler sues credit card companies that advanced him money), Dec. 7, 1999; “Rolling the dice” (same), Aug. 26, 1999.

“Responsibility, RIP” (columnist Mona Charen), Nov. 2, 1999.

“The art of blame” (death of child left in hot van), Oct. 20, 1999.

“Nominated by reader acclamation” (killer’s parents sue school district, lawmen for failing to prevent Columbine massacre), Oct. 18, 1999.

“Block PATH to lawsuits” (fall out of tree in yard, sue your employer), Sept. 1, 1999.

“To restore individual responsibility, bring back contract principles” (Cato Institute paper by Prof. Michael Krauss), Aug. 16, 1999.

“Somebody might trip” (NYC condemns prints-of-the- Hollywood-stars sidewalk as slip hazard), Aug. 13, 1999.

“All have lost, and all must have damages” (huge award to salesman who hawked bad insurance policies since he’s a victim too), Aug. 3, 1999.

Through much of American history, courts discouraged lawsuits arising from risks that individuals were deemed to have assumed in the course of going about familiar activities, such as the risk of being thrown while horseback riding, of slipping on toys underfoot while visiting a house with children, or of being hit with a foul ball while attending a ball game. (Stored search on “assumption of risk”: Google, Alta Vista). Under the doctrine of “contributory negligence”, they often dismissed, as a matter of law, cases where a complainant’s own negligence had helped cause an accident. They were even less likely to entertain cases in which someone’s knowing or deliberate dereliction had placed him in physical peril, such as cases in which people sue over injuries sustained in the course of committing crimes or attempting suicide. And finally, they gave broad respect to express contractual disclaimers or waivers of liability: if a party was on notice that the other side in a transaction wasn’t willing to assume a responsibility, it wouldn’t be easy to tag them later with that responsibility in court.

By the 1950s all these old barriers to liability had come under sustained attack in the law schools, where they were viewed as insulating defendants’ misconduct from legal scrutiny and impeding the forward march of liability law as a (high-overhead) variety of social insurance. Most states moved from contributory negligence to comparative negligence, which allows a plaintiff whose negligence helped cause an accident to sue over it anyway, though for a reduced recovery. Waivers and disclaimers began to be struck down as unconscionable, against public policy, not spelled out with sufficient clarity, etc. And assumption of risk was whittled down by way of a dozen techniques: the most influential torts scholar of the postwar period, William Prosser, took the view that “that implied reasonable assumption of risk should not be allowed to reduce a plaintiff’s damage in any way” (Chase Van Gorder, “Assumption of Risk Under Washington Law“).

The result is today’s American legal environment in which plaintiffs routinely try their luck at suits after being injured climbing high-voltage utility structures while drunk, skinny-dipping in icy pools with captive killer whales, trying “wheelies” and other stunts on industrial forklifts, and smoking for decades. Some of these suits succeed at obtaining settlements while others fail, and it’s important to bear in mind that assumption of risk and related doctrines have not disappeared entirely. Their general decay, however, has been important in bringing us today’s hypertrophy of such areas of law as premises liability, product liability and recreational liability.

The website of attorney D. Pamela Gaines has useful resources on assumption of risk as it applies to such areas as premises liability, recreation and amusement parks. At the International Mountain Bicycling Association site, Tina Burckhardt explains “recreational use statutes” which grant some protection from liability lawsuits to landowners who allow free recreational use of their property.

Filed under: arbitration, assumption of risk, Australia, baseball, Coca-Cola, Colorado, Denver, divorce, electrocution, Europe, firefighters, Germany, haunted house, hospitals, Illinois, New Zealand, Norway, personal responsibility, prisoners, swimming, tobacco, Utah