God knows how many lawyers have built their retirements in West Palm Beach or "the Tampa area" on slip 'n fall cases in New York City. It's a major industry there, feeding mostly off the deep pockets of the city government. They settle promptly.
There is an entire category of inattentive person which seems to be slip and trip-prone. Perhaps their moms never told them "Watch what you're doing." They trip over curbstones. The overlap of that set of people with the set of greedy litigious persons are the key to the jackpot for both the lawyers and for the lucky jerk who didn't watch where he was going and has the personality type to cash in.
In the past, such people would win the Darwin Prize which eliminates their genes from the gene pool, but, in the new world, they win the big bucks.
Winter must be a windfall for these lawyers. Everybody slips on ice, and everybody knows that Gomers Go To Ground.
Subject comes up because New York City's cool Highline, about which we posted in the fall, looks to be a fruitful new source of lawsuits.
Admittedly the design is meant to be as much to invent an aesthetic rus in urba experience rather than a practical one, but how could anybody design anything in which some litigious person might not be able to find something to trip over? Aren't there rocks to trip over in Central Park? There are rocks and roots and ice all over my town paths where I like to take my dog - each one, I would suppose, with dollar signs all over it. I have slipped and tripped and fallen many times in my life, broke an arm, tore a shoulder to shreds, etc., and it never occurred to me to sue anybody.
I thought the litigation risk of the High Line would be drunks falling off the sides. Maybe I am out of sync with this new way of life. How do you design a litigation-proof anything other than a padded cell?
Perhaps NYC needs "Walk at Your Own Risk" signs (see Ski at your own risk).
