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.
Luckily, I have enough willpower to control the driving ambition that rages within me.
When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson
"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
July 17, 2018, 11:19 AM
SIG4EVA
Is she retarded? I fail to see the logic or plan for success.
SIG556 Classic P220 Carry SAS Gen 2 SAO SP2022 9mm German Triple Serial P938 SAS P365 FDE P322 FDE
Psalm 118:24 "This is the day which the Lord hath made; we will rejoice and be glad in it"
July 17, 2018, 11:41 AM
ugeesta
What a moron.
We will never know world peace, until three people can simultaneously look each other straight in the eye
Liberals are like pussycats and Twitter is Trump's laser pointer to keep them busy while he takes care of business - Rey HRH.
July 17, 2018, 11:47 AM
joel9507
Words fail.
July 17, 2018, 12:10 PM
newtoSig765
I thought it was good for a laugh. Cue the Benny Hill themesong.
-------------------------- Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats. -- H L Mencken
I always prefer reality when I can figure out what it is. -- JALLEN 10/18/18
July 17, 2018, 12:14 PM
YooperSigs
Drunk
End of Earth: 2 Miles Upper Peninsula: 4 Miles
July 17, 2018, 12:34 PM
Palm
I like how she hit the flashing barrier, bounced off, and kept going. Shows grit and determination.
July 17, 2018, 12:38 PM
cparktd
...so the plan was... up the ramp and jump the gap, Dukes of Hazard style?
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?"
-------------------------------------—————— ————————--Ignorance is a powerful tool if applied at the right time, even, usually, surpassing knowledge(E.J.Potter, A.K.A. The Michigan Madman)
July 17, 2018, 02:30 PM
PASig
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.
