Spot the Tort

Some of the worst “Rolling Torts,” as we call them here at Lawhaha.com, involve folks negligently failing to secure objects being transported on the backs or tops of their cars or trucks.

Not sure whether to give the driver of this truck credit for at least trying to secure this huge loose pile of dirt or demerits for not trying quite hard enough.

Other examples of Rolling Torts are here, here, and here.

Courtesy of a law student at St. Thomas law school in Minneapolis comes this drinking, phone-talking, smoking driver and proud tortfeasor.  As the student explained:

Here’s a potential tort for you. I’m a law student at University of St. Thomas (Minneapolis). While driving through Iowa, I spotted a girl drinking a beer, smoking a cigarette and talking on the phone. When she saw me taking a picture, she even posed for me.

The ultimate in driving multitasking.

What 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.

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.

Lawhaha.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

Long distance information, give me … ANYONE!

Can you spot the potentially tortious risk?

Contrary to Murphy’s Law, most things in life usually go right when it comes to risk and injury.  Except in Tortland where the worst that can happen always does.

Picture a guest with an emergency, maybe a heart attack or a criminal attack.  They reach for the emergency phone as instructed and … oops. No phone.

Easy fix: just take down the sign.  No legal duty exists to provide an emergency phone in most situations, but one can assume a duty under tort law that would not otherwise exist by undertaking to render a service that people rely on and then performing it without reasonable care (i.e., negligently).

–Thanks to Pam Hatchell.

Overloaded vehicles, which we call “Rolling Torts,” are popular submissions on Lawhaha.com as shown here, here and here.

But if a contest were held, this one would have to take the prize.

–Thanks to Jill Magill.

There are potential torts and there are POTENTIAL TORTS. This hanging rusty spike stands out even on the gritty, tort-filled streets and sidewalks of downtown Memphis. As you can see in the second picture, it’s hanging at a level where a person could walk right into it.

I snapped this shot on my way to the annual law review banquet a week ago and was surprised to see it still hanging yesterday on my way back from lunch.

The headline reference, of course, is to a line from the Rolling Stone’s Jumpin’ Jack Flash.

You think this is bad, you should see how the guy tried to move his living room. Not the furniture, the entire room.

Why waste money on a delivery charge just to save a few million in accident costs?

–Thanks to Tommy Rogers