Wednesday, July 01, 2009
Over the last generation or so American courts have been increasingly unwilling to recognize the defense of "assumption of the risk" in torts cases, at least where the assumption is implicit rather than explicit. Presumably, however, the defense would still apply if a passenger got injured on this cruise. Because, you know, the risk is fairly obvious.
Article 1 of the United States Constitution lists issuing letters of marque and reprisal in Section 8 as one of the enumerated powers of Congress, alongside the power to "declare War."
There are dozens of ways to spend your summer vacation. Making the world a safer place would be a worthy way to spend the time.
I'm not a lawyer but it surprised me to hear you lay the blame of societal spinelessness at the feet of the courts. I had previously thought this all started with expanded legislation based on strict liability doctrine - for which we have utilitarian numb-nuts at the University of Chicago to thank.