Many people find intentionally funny warnings labels or signs to be amusing. Take this one (verified as real), taken at an overlook at the Arkansas Grand Canyon. It’s amusing and probably effective. Poking fun at tort lawsuits and the tendency of humans to do stupid things while also making it clear that one should not climb over the railing or fence and fall to their death or severe injury.
Nevertheless, viewing it from a Torts professor point of view, I stay with my legal opinion (expressed in previous posts) that it is unwise to turn severe risks of physical harm into a joking matter.
Socratically speaking, let us suppose an onlooker fell over the railing because (1) someone accidentally pushed them, (2) they were a child and didn’t appreciate the risk, (3) there was a defect in the railing, (4) or even because they were careless in stretching to get a better picture.
A plaintiff’s attorney could have a field day with this sign, already conveniently identified by the defendant as “Exhibit A.”
DO NOT CROSS THE FENCE.
If you do, and file suit claiming injury, this sign will be marked “Exhibit A”.
Hilarious! A gut-buster! … Oh, the plaintiff’s quadriplegic? His guts actually busted? For real? Not as funny as I thought.
Maybe the scenarios I posed are unlikely. I can’t tell how high the “fence” is. Still, why even think about resorting to humor when conveying a risk of death or disabling physical injury?
–Thanks to former student Ginger Stuart for the photo!
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