Spot the Tort: Parents Never Listen

Do not play on the dinosaur.I count at least six kids climbing on this dinosaur, one about to climb on, and maybe more if the dinosaur extends to those kids at the back, all in contravention of the warning sign:

PARENTS: Do not let Children Play or Climb on top of Dinosaur

The warning is emphatic and seems pretty clear, although perhaps the kid inside the mouth could hire Suzy Spikes to make a persuasive textualist argument that she is not technically “on top” of the dinosaur.

Looks like they need a second sign: “PARENTS: Read the sign that says to keep your kids off the dinosaur.”

I join the sender in asking why “Children” and “Play” are capitalized.  (“Dinosaur” makes sense.  More like a proper noun, as in “Bye, Dinosaur!  We had fun playing and climbing on you.”)

–Thanks to Heath Waddingham.

1 comment to Spot the Tort: Parents Never Listen

  • Corinna

    And ironically, if the sign is “known” to never be enforced, does that make it a useless (warning) sign? i.e., the inevitable lawsuit when Sally falls off the dinosaur and is injured, her mother could claim “we went to that museum every day and employees just stood idly by while children climbed all over it. If it had been dangerous then they would have enforced it!” …lawyers..

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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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