Jonathan Turley has a very good example.

quote:

In what may be the clearest example of assumption of risk in torts, a 37-year-old Menasha, Wisconsin woman rode around flashing barriers on a bridge to try to make it across before it was open for river traffic. She did not make it.


She reportedly suffered only facial injuries which shows far more luck than sense.

Justice Frankfurter once described the term “assumption of risk” as a term “undiscriminatingly used to express different and sometimes contradictory ideas.” He complained that its uncritical use “bedevils the law.” Tiller v. Atlantic Coast Line R. Co. 318 U.S. 54 (1943). This would not be one of those cases.

In torts, assumption of the risk can be either implied or express so long as you (1) knew of the risk of injury and (2) voluntary took on that danger in your actions. Evading flashing barriers and riding on to a bridge in the process of being raised would easily meet any interpretation of that common law defense.

Link to original video: https://m.youtube.com/watch?v=...jCuTgfNLlsyHsx7a7OWg

Link

Is she retarded? I fail to see the logic or plan for success.

What a moron.

Words fail.

I thought it was good for a laugh. Cue the Benny Hill themesong.

Drunk

I like how she hit the flashing barrier, bounced off, and kept going. Shows grit and determination.

...so the plan was... up the ramp and jump the gap, Dukes of Hazard style?





Link to original video: https://youtu.be/ZS1J3VrxnM0

Reminds me of an incident when I was a paid on call Firefighter, parking lot of a 7-11. Our truck was stationed at a downed power line, wind and ice storm. Marked with cones, four of us in the engine.

Payphone attached to a light pole, said pole had black witness marks where the line had hit it a couple of times before we arrived.

Guy pulls up and starts walking toward the phone. I tell him to STOP. He proceeds to tell me he needs that phone. I reply that he cannot go near it, there is a downed power line next to it. From memory about 7500 volts in that line, just for my own knowledge.

Well he decided that he is going to argue his point to which I tell him that is a fire line and he cannot cross it. His reply is that he needs that phone and he is going to use it.

Just about that instant the wind whips up and blows the hot side of the line into the light pole. Instant blue flash, loud bang, sparks fall. He jumps back.

I then said "Still wanna use it?"

Some people don't think the rules apply to THEM, only others.

She is one of those people.

And she's dammed lucky she wasn't crushed to death.

Suicide by drawbridge?