2012 Spot the Tort Contest: Bathtub Tort Disguised as Tree Limb Tort

2012 Spot the Tort Contest

Bathtub in road hidden behind tree limb.

2012 “Spot the Tort” Contest with my 1Ls at the University of Memphis law school:

Here are a couple of (admittedly bad and small) photos of a partially fallen tree in the west bound lane of Stage-Delano Road [in Shelby County]. Hidden from the view of west bound motorist by the fallen tree, a danger in itself, was a fiberglass bathtub. The tub is visible to east bound motorists and is shown in the east bound photo. It was in the road for at least two weeks.

2012 Spot the Tort Contest

View from other direction.

Over that course of time, I noticed that the tub appeared to have been struck at least twice. I do not know if it was struck by a passing motorist. I can attest that damage to the tub increased at least twice over the course of my observations as I passed to and from the law school over the two weeks.

I am happy to report that it appears that the right of way on the street was mowed today and the tree and tub were removed. — Terry VanEaton

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Andrew Jay McClurg is a law professor whose teaching and research interests include tort law, products liability, legal education, privacy law and firearms policy. He holds the Herbert Herff Chair of Excellence in Law at the University of Memphis Cecil C. Humphreys School of Law.
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