Spot the Tort: Yet Another Rollin’ Tort

Another Rollin' TortWhat Lawhaha.com calls “Rollin’ Torts” are so common they probably deserve their own subcategory in “Spot the Tort.”  As will no doubt be defined in the next edition of the Oxford Dictionary, “Rollin’ Torts” are vehicles moving down the highway carrying items too big and/or unsecured to be moved safely in that fashion or by that vehicle.  They are, literally, accidents waiting to happen.

Here, we have another great (meaning outrageously bad) example–in the pouring rain no less–courtesy of a 3L law student who, along with all her classmates, I taught to play “Spot the Tort” as a 1L.

–Thanks to Jessica Wargo.

Warning: Do Not Roast a Turkey in Toaster

Toaster WarningOkay, this warning label, sent along by lawyer comic and insurance expert Randy Maniloff, does not actually cover turkey roasting, but maybe that’s because there wasn’t any room left after warning people not to toast their “Danish, Muffin [or] Cake” in the toaster.

But wait, what’s up with the warning to not put “Bread” in the toaster?

–Thanks to Randy Maniloff.

Warning: Another Coffee Cup Maker Thinks Hot Coffee Is a Joke

More hot coffee warningsA while back I posted a picture of a coffee cup, reportedly from Canada, that made fun of U.S. tort law and, indirectly, poor Stella Liebeck, the plaintiff in the infamous McDonald’s coffee spill.

Now Chris Fergus, a professor in Australia, sends along this photo showing another coffee cup maker having a grand old time with the case by including a warning on its cups stating, “Avoid Pouring on Crotch Area.”  I don’t speak French, but  can guess the French version amounts to something like “Don’t Pour It on Your Oolala.”  Chris said he received the photo from one of his students and is unsure where it originated.

Hilarious, unless you happen to end up like Ms. Liebeck.  Sorry for the graphic pic, but this is actually one of the milder pictures of her burn injuries:

Stella Liebeck's burn injuries

And so here we are more than a decade later continuing to distort the American tort system with a case in which dangerously hot coffee sold through a drive-thru window caused third-degree burns to a 79-year-old woman who accidentally spilled it while a passenger in a stopped vehicle trying to add cream and sugar.  Consult the original post for links to some eye-opening information about what really happened in the McDonald’s coffee spill case.

–Thanks to Chris Fergus

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Warning: Don’t Trip on the Banana Peel Caution Cone

banana peel warning coneA student sent me this.  Not sure where it was taken, but gotta love it.  A much better attention-getter than the usual caution cones.

It raises the larger question of “Do people really slip on banana peels?”  Yes.  While slipping on a banana peel is a comedic cliché, it happens.

The famous Prosser, Wade & Schwartz Torts casebook contains a trilogy of cases involving plaintiffs who slipped on banana peels.  In keeping with the comedic tradition, our discussion of the cases ends with this question:  “Before we move on, what do the three banana cases all have in common?”  Pause, bewildered looks.  “They all went up on … a peel.”  Drum roll.

Mythbusters found there’s nothing particularly slippery about banana peels, but Googling the issue brings up several recent instances of people falling on them.  In December 2013, a Staten Island man slipped on a banana peel and fell onto the subway tracks.

A Legal View of U2 — Pro Bono or No Bono?

Mark Purdy Bono CartoonFriend of Lawhaha.com and legal cartoonist Mark Purdy has penned a cartoon raising an intriguing question that has long puzzled lawyers and rock music lovers alike.  It’s purdy funny (ouch, sorry).  So what’s your answer, are you “Pro Bono” or “No Bono”?

Pro bono legal work are services rendered by lawyers without charge to low income clients or otherwise in furtherance of the public good.  (Pro bono comes from the Latin phrase pro bono publico, which means “for the public good.”)

Lawyers get a bad rap, but most non-lawyers probably do not realize that lawyers donate literally millions of hours of free legal services annually in the United States.  Name another profession whose members donate so much of their time.  (Click here for a comprehensive 2008 study of pro bono service conducted by the American Bar Association.)

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.

Warning: Guitar Strings Can Cause Death

Guitar Strings Are DangerousAll guitar players have been painfully poked more than once by the sharp ends of the strings where they wrap around the tuners.  In the 1930s, Kluson marketed “SafeTiString” tuner posts where the string ends could be neatly tucked away in a slot in the posts to “banish the peril of injured, cut or bruised fingers.”

Neat invention, but apparently too late to save the poor woman pictured in this advertisement reprinted in Vintage Guitar magazine in the Feb. 2013 issue.  She appears to be bleeding to death.

Click to enlarge the thumbnail to appreciate her plight.

Spot the Tort: Tort-Spotting Friend of Lawhaha Keeping Floridians Safe

Dangerous DoorstopLawhaha.com friend and South Florida resident Amy Holland is always on the look out to make the world a safer place.  Here’s her latest effort:

Here’s a good spot-the-tort photo for you.  We were at a liquor store, and as we were (separately) browsing the aisles, we each tripped over this object in the floor.  Thankfully, neither of us was seriously injured, but tripping and stubbing a toe on this thing sure does hurt!

The object, which appears to be a doorstop, is made of heavy metal and anchored to the floor with concrete.  I have no idea why someone would place a doorstop in the middle of the floor (as opposed to near the wall).  The object is difficult to see given its small size, but the worst part is that it is located near the end of the aisle and centered between two shelves, one of which is full of glass bottles.  Because of its location, when a customer (or an invitee, rather) comes around the corner to enter this aisle, he or she will likely trip over the object before it ever comes into his or her field of vision.

Of course, I alerted the manager about the risk, and told him that he should immediately put up a caution sign or hazard cone as a temporary solution, and then have the object removed.  He said he would have it removed ASAP, so I went back to the little store last night just to see if anything had been done (okay, okay, so I wanted a glass of wine, too), and as soon as I walked in, the owner/manager said, “Watch out, the doorstop is still there!  I am having it fixed, though, I swear!” 

About two minutes later, a guy approached the manager as we were standing there chatting, and guess what—he was there to remove the doorstop!  The owner/manager was obviously serious (and diligent) about fulfilling his promise, and I thought, good for him!

Way to go, Amy!

–Thanks to Amy Holland