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Then the fault lies with the driver of the car for not assisting her.
Besides, it would still seem stupid to attempt to hold a styrofoam
cup between your knees.
Jaspn A. Czekalski
-------- Original Message --------
==> From: cupton -at- syclone -dot- net
==> Date: Mon, 6 Oct 2003 13:29:36 -0400
No one has mentioned the possibility that she was arthritic and
didn't have good use of her hands. Wouldn't that make a difference?
Carolyn
Quoting topsidefarm -at- mva -dot- net:
> > > Your interpretation of the case is fully consistent with the
law of torts, > which is that governing topics such as this. > > > >
I think it is not practically correct to think that "...she was
prepared > for discomfort if she spilled"--as a practical matter,
people rarely think of > such things consciously. However, the legal
standard calls for what a > reasonable person under the circumstances
should have assumed--and this is > very much consistent with that
standard. > > > > Still, to do it as she did *was* stupid regardless
of any theoretical or > actual assumed risk. > > > > David > > Dave,
this is right along the lines of what my business-law professor (a >
retired judge) taught: smart does not always equal reasonable, and
stupid > does not always equal unreasonable. > > For "stupid but
reasonable", he used speeding. Speeding, from a legal and > financial
viewpoint, is stupid. If you get caught, it can cost you a lot > of
money. However, the fact that you were sppeding at the time of an >
accident does not make your excessive speed unreasonable and, as
such, an > indication of negligence. If you were doing 30mph in a
25mph posted school > zone, and you tagged some kid, your speed would
probably be seen as > unreasonable. After all, you were speeding
through an area with congested > traffic (busses and parents' cars)
and children out near the street. > However, if you were doing 70mph
on a 65mph highway (the same 5mph > violation), your speed would
probably not be relevant if the other > vehicles present were
traveling about the same speed. The "unreasonable" > action in this
case would be the clown who suddenly changed lanes without > a turn
signal. > > On the "smart but unreasonable" side, he used resturant
food that is > served too hot (this was several years before the
McDonalds case, so it > would appear that this was/is a common
problem). Serving food that is very > hot is "smart" when viewed from
the standpoint of preventing food-borne > illness: the hotter the
food is, the less microbrial growth can occur. > This is actually
very reasonable when viewed from the resturant's point of > view.
However, above a certain temperature, it becomes unreasonable for >
two reasons. First, it can cause serious burns to the mouth and
throat. > Second, the diner (especially if they are a child) may not
be aware of the > potential for injury. > > TW tie-in: There are a
lot of factors to consider when trying to provide > information to
another person or group. You must know your audience > because what
seems perfectly reasonable and rational to you may well be > outside
the experience/education of your audience. > > Jason A. Czekalski > >
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