Wednesday, July 01, 2009

Assumption of the risk 

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.


By Anonymous tyree, at Wed Jul 01, 09:13:00 PM:

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.  

By Blogger Dan Kauffman, at Wed Jul 01, 10:27:00 PM:

Who says Russians don't understand Capitalism ;-)  

By Blogger TOF, at Thu Jul 02, 10:42:00 AM:

The ships cruise a a leisurely five knots, you landlubber. They do not cruise at five nautical miles per hour.  

By Anonymous Anonymous, at Thu Jul 02, 11:07:00 AM:

As I said in posting a link to this very story in the Nyquil thread, TH, imagine how well your cold would respond to a leisurely cruise, punctuated by warm gunfire. (Too bad it's a hoax!)  

By Blogger Pyrus, at Thu Jul 02, 11:13:00 AM:

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.  

Post a Comment

This page is powered by Blogger. Isn't yours?