Thursday, October 21, 2010

"Sue the bastards!"

In my colorful first year torts class, my professor had one saying that he repeated more than any other.  No, it wasn't the speech about the being a demigod who had descended (or condescended, as the case may be) to come down from the legal Pantheon to demonstrate to my class the genius of the god-like Learned Hand.  It was "Sue the bastards!" which he insisted on us all repeating in chorus at different times throughout the semester.  Generally, proceeding that was the statement that, "all liability is based upon fault," but that's not nearly as fun or as much of an attention-getter.
Usually, when Tom Torts discussed suing bastards, he referred to the classic "slip, trip and fall" scenario, which usually took place in the Wal-Mart and usually involved an old "blue hair" who slipped on a wilting lettuce leaf in the produce aisle.  Today, I was that blue haired lady.
I went to the Kroger because I needed more organic milk (hey, it tastes better, lasts longer, and is free of all those cancer-causing hormones).  I was walking through the store, trying to be inconspicuous because I decided to go in my pajamas, talking on the phone when, all of a sudden, my foot slipped out from under me.  I felt my face going red.  As I tried to get back up, my foot still slipped.  I couldn't figure out what was wrong.  An older woman came over to me and helped me up, asking if anything was broken or if I was cut.  "Don't get up if it hurts too much, honey!" she kept saying.  Once I finally got back on my feet, I looked down and saw that there was a bunch of what looked like spaghetti sauce on the floor and some broken glass pieces.  The woman kept fussing over me and said that it was "unacceptable" and that she was going to immediately have someone come clean up the aisle.  Meanwhile, I stood there...in pajamas...and flip flops...and, of course, I did not shower today.  I painted a very attractive picture, I'm sure.
In Tom Tort's scenario, the lady would sue the evil corporation and, of course, would lose because, no matter how good her claim, Wal-Mart has deep pockets and the "fat cat" company people would stomp the lawsuit out of the little old blue hairs.
I remember in torts thinking that it was so funny that there was an entire section on slip, trip and fall cases.  But now that I am a slipper, tripper and faller, I guess its not quite so surprising.  The first thing I thought, though, once the deep crimson blush faded from my cheeks and I finally got on my feet (no cuts, bumps or bruises, although I have to say my rear-end is feeling very sore at the moment) was...SUE THE BASTARDS.
But, of course, I know better.  My fall was for nothing.  FML.

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