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Law Humor

: Lowering the Bar

From the Docket: Failed to Warn Escalator Was Not Moving

By Kevin Underhill

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A possible candidate for (to use a legal term of art) the look-where-you're-going defense:

Kim Kreis, et al. v. American Multi-Cinema Inc.; AMC Entertainment Inc., No. CGC-10-501102 (San Francisco Super. Ct. filed June 25, 2010).

Trip and fall lawsuit. The plaintiffs injured themselves on a stationary escalator at the defendants' movie theatre, as there was no sign posted warning them that it was not moving.

Normally, of course, it's the moving things that are more likely to get you.  As someone who once walked directly into a lamppost at a speed sufficient to smash my sunglasses and draw blood from a cut on my left temple, I can vouch for the fact that stationary things also pose risks.  But I can also testify that a warning on that stationary object would have done me no good at all.

Full post as published by Lowering the Bar on June 29, 2010 (boomark / email).

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