« India's Constitution and Sexual Identity | Main | Uterus Transplants? »

Wednesday, October 08, 2014

Zombies Defeat Tort Law

It's always a shame to let a Prawfs guest stint go by without working in zombies.  Maybe there's just something in the air.  The Walking Dead is returning to my DVR box (any series which once starred a law professor's kid can't be all bad).  Maybe it's that I'm still hoping a review copy of Zombie in the Federal Courts will arrive.

So next week, my college's campus gets taken over by a game called "Humans v. Zombies."  According to this article in the student newspaper, all campus needs to prepare itself, because hordes of people shooting each other with nerf guns and tagging each other with two hands are about to descend.  What could possibly go wrong?

A bit, learned the plaintiff in Brown v. Ohio State University, 2012 WL 8418566.  

Plaintiff attended Parent's Weekend at Ohio State University's Columbus campus. Why not go on a midnight Ghost Tour?  Unfortunately, President Obama was on campus that week, so his limo needed an escape route, which obviously meant putting a double layer of plywood on sidewalks (somebody should fire someone from the Secret Service or something).  Anyhow, plaintiff tripped on that hazard, broke her arm, and filed suit.

Why didn't she see the plywood so evident on the sidewalk? Because a nearby "game of humans  vs. zombies being played by students ... diverted her attention."  

Zombies 1, Humans 0

Though of course, having been distracted by the zombies, she was able to avoid the application of the "Open and Obvious" doctrine and escape summary judgment -- genuine issues of material fact existed on "whether attendant circumstances overcome application of the open and obvious doctrine".

Posted by Geoffrey Rapp on October 8, 2014 at 07:32 PM in Culture, Games, Odd World, Torts | Permalink

Comments

Post a comment