A Bit Too Cautious

64Is this necessary?

Of course not. Many such pictures circulate to show how the law has imposed ridiculous requirements on businesses and governments. In reality, such legal urban legends are often based on intentional or idiotic interpretations of tort law and other areas of liability. There is no need to warn for an obvious and open danger like water in a foundation. There is a duty to design such an area with non-slippery surfaces. However, you can taken back the sign and let the water speak for itself.

11 Responses to “A Bit Too Cautious”


  1. 1 rafflaw 1, December 4, 2008 at 8:05 am

    It is a great picture. “Be sure to be careful running through the fountain!” I would hope that the picture was a set-up or a joke, because water shooting out of fountains would appear to be pretty obvious.

  2. 2 C. Everett Kook 1, December 4, 2008 at 8:37 am

    I don’t know, only one sign? what if someone comes up from the left or the right in the picture? they wouldn’t be able to see the warning. I would feel better if there were maybe 40 more signs(positioned at 9 degree intervals) around the periphery warning that there was a warning.

    Of course that’s fine if the area to be warned against is fairly small but what if it’s huge? whole herds of Idiotus Americanus would be able to barge right in and get their shoes wet. And that would be the real tragedy.

    On a less serious note, thanks for the blog JT (mind if I call you JT?) it’s become a favorite

  3. 3 Jill 1, December 4, 2008 at 9:00 am

    Mr. Kook,

    You missed the X-box at the center of the fountain!

  4. 4 C. Everett Kook 1, December 4, 2008 at 9:13 am

    Jill said: You missed the X-box at the center of the fountain!

    apologies Jill, I’m not sure what you mean. I think it’s the double espresso\vicodin mix :-D

  5. 5 Jill 1, December 4, 2008 at 9:19 am

    Hi C. Kook,

    I was refering to the post in the link below. P.S. Espresso/vicodin–you are made of tough stuff!!!

    http://jonathanturley.org/2008/11/29/stampeding-shoppers-holiday-shoppers-crush-wal-mart-worker-in-holiday-rush/

  6. 6 sherry 1, December 4, 2008 at 9:56 am

    that’s funny. it really is.

  7. 7 Publius 1, December 4, 2008 at 9:58 am

    Didn’t Wall Mart have a sign:

    “Caution, Stampeding Shoppers”?

  8. 8 Jill 1, December 4, 2008 at 10:05 am

    I just heard this story on BBC. I guess so few people in the UK know the X-mas story that the church advertising consortium had a contest to tell the story in 30 secs. or less. Here’s the low-down.

    http://www.churchads.org.uk/

  9. 9 Former Federal LEO 1, December 4, 2008 at 11:07 am

    Vicarious Liability?

  10. 10 Former Federal LEO 1, December 4, 2008 at 11:25 am

    Say C. Everett (Coop) Kook,

    How much dough will 2 of those “At Home Alone” monitors that you advertise set us back?

    Mike S and I might be in the market for your fine product.

    Oh, and how low will a former Surgeon General of these United States (SGOTUS?) “stoop the coop” to have pocket change through advertising? Can it be that the bad economy has hit the rich and famous?

    Now, I am not judging you, just sayin’…

  11. 11 mespo727272 1, December 4, 2008 at 1:56 pm

    For we PI lawyers, I refuse to answer on the grounds it may incriminate us.


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