“According to cheese-rolling historians, humans may have been chasing wheels of cheese down steep slopes since pagan times. Written accounts of cheese-rolling date back nearly 200 years.” But now lawyers are catching up with the hazardous pastime. The original Gloucester cheese-rolling festival in England was officially canceled in 2010 — an unofficial version continues — and now in British Columbia, Canada, a suit claims compensation for a child spectator said to have been knocked to the ground by the impact of a rolling cheese on the other side of a safety net. [CBC]
“A former 1960s bondage-film actress is waging legal combat with a toy
company for ownership of her husband’s mail-order aquatic-pet empire.” It’s a tale with just about everything: tiny floating brine shrimp, lawyers in combat, and tanks full of humbug. [Jack Hitt, New York Times Magazine]
Punkin Chunkin, a ballistic pumpkin-launching event, had developed into a beloved Delaware event until a 2013 accident where an ATV overturned on a farmer’s field, leading to an injury claim. “On Oct. 8…organizers pulled the plug for a second year, saying liability insurance for the event had proven unobtainable. Even supporters of Punkin Chunkin were left wondering: Is it over for good?” [Wilmington News-Journal, our coverage last year] More: Bob Dorigo Jones.
Big Mouse is apparently afraid of getting sued on charges of operating a gambling establishment. [Orlando Sentinel]
- Many states have liberalized rules on family homeschooling, now comes the backlash from proponents of tighter regulation [NY Times]
- Kansas Supreme Court decrees higher school spending, estimated taxpayer cost upwards of $500 million [Greg Weiner, Law and Liberty, Wichita Eagle; earlier] After all, judicially directed school munificence worked so well in nearby Kansas City, Missouri [via @David_Boaz]
- Scaring ourselves to death: the insanity of school active shooter drills [Radley Balko]
- University of Virginia’s resistance to assault hoax weaker than Duke’s, possibly because pressure on skeptics to shut up has intensified [KC Johnson/Stuart Taylor, Jr./Real Clear Politics] Hans Bader on curious provisions of feds’ settlement with Harvard [Examiner, earlier]
- “Oklahoma court declines to order [high school] football game replayed for blown call” [Paul Cassell, more]
- Ohio judge rules principals, superintendent open to being sued personally over school shooting [Insurance Journal]
- “Wow. How fun is this? A merry go round welded stationary. So kids don’t get hurt. Way to go, New York!” [Lenore Skenazy]
Sad on multiple levels [AP]:
[Omaha assistant city attorney Tom] Mumgaard said courts in Nebraska have decided cities must protect people, even if they make poor choices.
Most people realize that cities must restrict potentially dangerous activities to protect people and guard against costly lawsuits, said Kenneth Bond, a New York lawyer who represents local governments. In the past, people might have embraced a Wild West philosophy of individuals being solely responsible for their actions, but now they expect government to prevent dangers whenever possible.
I’d say there’s more than one kind of downhill toboggan momentum we might want to worry about. Commentary: Lenore Skenazy (“If we believe that ‘whenever possible’ = ‘imagining all possible dangers, no matter how remote, and actively preventing them all, all the time, even by drastic decrees,’ then we get a society that puts 100% safety above any other cause, including fairness, convenience, exercise, rationality — and delight”); Ira Stoll (“This is the sort of story that you’d think might build some political support for tort reform.”).
The ballistic pumpkin-launching event, featured on the Discovery Channel, and “held for years on a succession of rural Sussex County farm fields, was to have moved to the same grounds that host Firefly this year. After a volunteer filed a personal injury lawsuit in 2013 over an ATV accident at the 2011 Chunk, the farmer hosting it in Sussex County said he wouldn’t let it return to his property.” Organizers have now resigned themselves to skipping 2014, and hope to hold the event in Dover next year. [Wilmington News-Journal]
- “Cato Went 10-1 at Supreme Court This Term” [Ilya Shapiro; on merits cases] Yesterday I spoke to a private policy gathering in Annapolis, Md. with a retrospective on the Supreme Court term, especially its lessons for state government. If you’re looking for a speaker on Court issues, I or one of my colleagues at Cato’s Center for Constitutional Studies may fit the bill;
- “CrossFit Sues ‘Competitor’ For Revealing Its Injury Rates” [DeadSpin]
- New Jersey court rules for casino in unshuffled baccarat deck case [Elie Mystal/Above the Law, earlier]
- Family rescued from 1000 miles offshore plans to sue over nonworking satellite cell phone [ABC 10 News]
- Tartly worded response to third-party-subpoena demand in Sherrod/Breitbart case [attorney Robert Driscoll]
- Legal academia: Prof. Bainbridge takes on law-and, empirical legal studies crowds [Bainbridge, TaxProf and reactions] George Leef on reforming law schools [Pope Center]
- “Uber Agrees to End Surge Pricing During NY Emergencies, And Why That Means You’ll Never Find a Ride” [Gary Leff; Peter Van Doren, Cato]
“Concerns about insurance requirements will keep a southwest Missouri high school team from participating in the first high school bass pro fishing tournament in June.” The insurer for the Nixa High School angling team said it had only suggested, not required, “such things as having the volunteer boaters take a Coast Guard certification course at a cost of about $400 each, and to be CPR- and first-aid trained and requiring students and boat captains to wear specific safety glasses.” [AP/Houston Chronicle; Springfield News-Leader]
So far as I can tell, this insurance page from Great Britain is entirely in earnest:
Public Liability Insurance for Morris Dance Troupes
We provide instant, on-line morris dance troupe public liability insurance quotes and cover from our panel of specialist liability insurers and our own unique underwriting facilities in the United Kingdom….
Why does a morris dance troupe need public liability insurance?
Every day morris dance troupes face the risk of legal action being taken against them in respect of their liability for personal injury or property damage arising in the course of their business activities. The awards that may be made as a result of a successful claim can be catastrophic but even the legal costs of defending the most spurious claim can cause severe financial hardship.
On the other hand, this page from the plaintiff’s side appears to have been written at least with a bit of tongue-in-cheek:
The no win no fee Elstow Morris dancing accident injury claim specialist
A little bit of Morris-dancing never hurt anybody; or did it? You might need the services of a specialist no win no fee Elstow Morris dancing accident injury claim solicitor, if, whilst strutting your stuff, you’re struck in the face by a Morris stick, or even a handkerchief, and break a bone, or sustain an eye injury. …
Launching a no win no fee Elstow Morris-dancing accident injury claim
Sometimes, shards of wood can splinter off the Morris-sticks and strike someone causing an injury, and sometimes small children can inadvertently get in the way, and sustain an injury. In cases like these, be it a Morris-dancer, or a spectator, or a child that is injured, AAH, the specialist no win no fee Elstow injury claim lawyer, can be called on to help to launch a personal injury claim. All troupes of public performers, be they acrobats or Morris-dancers, must have public liability insurance.