“Florida premises liability law appears to be generous enough toward plaintiffs that Home Depot could be held liable for the death of a customer who was allegedly struck by an overloaded shopping cart being pushed by another customer.” (Matthew Heller, On Point News, Nov. 11; complaint).
Hello, and thanks again to Walter Olson for welcoming me back to help fill in this week. His prior post reminded me of this surveillance tape I’ve kept after all these years simply for comic relief.
The tape shows one customer casually stroll through the door without incident all the while another intending customer in quite the hurry tries to run in–he thought–through an open door. Instead, it was the plate glass adjacent to the door. He smacks into it bowing the glass and then storms into the store while the other customers gawk at him. The original clip was without sound but I couldn’t resist jazzing it up with Gonna Fly Now from Rocky.
Here’s the Overlawyered part: he made a claim against the store owner; and, the claim was paid as a compromise. Part of the reason why is visible on the video—can you see it?
“A Canadian woman whose 9-year-old son tunneled [under a fence] into an electric sub-station and was badly burned is suing a Manitoba power utility for negligence.” (UPI, Oct. 22).
It only takes a couple of incidents like these for the system to pay for itself, and that’s aside from the anti-shoplifting benefits.
- Litigants’ “not about the money” assertions: Mark Obbie has further thoughts on reporters’ uncritical deployment of this cliche, and kind words for our archive of posts on the subject [LawBeat]
- Lawyer on the other side of that much-circulated “I’m sorry” deposition-dispute letter has his say [Markland and Hanley via Turkewitz and Above the Law]
- Local authority in England tells gardener to remove barbed wire from wall surrounding his allotment, thieves might get hurt on it and sue [Never Yet Melted, Steyn/NRO Corner]
- Same-sex marriage in Connecticut through judicial fiat? Jonathan Rauch says no thanks [IGF]
- Lawyers are back suing despite reform of FACTA, the credit-card-receipt “gotcha” law, but insurance might just dry up [Randy Maniloff at Point of Law]
- “Racing to the trough” — auto lenders latest to ask bailout though original TARP rationale of liquidity fix seems remote [Naked Capitalism]
- “To be a green-certified property (pretty important in crunchy Portland) there must be an absolute prohibition on smoking, including outdoor spaces.” [Katherine Mangu-Ward, Reason “Hit and Run”]
- (Failed) claim in trademark case: “the term ‘electric’ is not commonly used by the general public to describe a source of power for watches” [TTAB via Ron Coleman]