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As people venture out after the lock down in England, a man in Windsor, England has a cautionary tale. The man decided to take in the sun in his backyard when, according to news reports , he and his entire yard were covered in human waste dumped by a passing plane. That is not the end to this rather obnoxious situation.
We have previously discussed falling objects including frozen poop from planes. It does raise a curious question, if the heightened liability of a “common carrier” extended to falling poop.
In England, common carriers were liable under strict liability for the loss of goods. Rich v. Kneeland , Hob. 17, Eng. Rep. (K.B. 1613). In both the United Kingdom and the United States, a heightened duty applied for personal injuries. This was explained in Philadelphia & R. R.R. v. Derby , 55 U.S. (14 How.) 468 (1852): “When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence. And whether the consideration for such transportation be pecuniary or otherwise, the personal safety of the passengers should not be left to the sport of chance or the negligence of careless agents. Any negligence, in such cases, may well deserve the epithet of ‘gross.’” This personal injury was, of course, to a pedestrian but would certainly constitute a “gross” tort.
In Chesapeake Ferry Co v. Cummings , 158 Va. 33, 164 S.E. 281 (Va. 1932), the Virginia Supreme Court described the duty of a common carrier as “the duty to use the highest degree of care for their safety known to human prudence and foresight, and is liable for the slightest negligence against which human care and foresight may guard.”
What was curious however was this line: “According to the Maidenhead Advertiser, the Windsor resident was unable to claim any insurance from the ordeal as the cost of the damage was relatively low.”
Putting aside the contamination of human waste, the line seemed to indicate that the man could not recover for his personal injuries. In the […]
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They’re Trying to Shut Us Down
Over the last several months, I’ve lost count of how many times the powers-that-be have tried to shut us down. They’ve sent hackers at us, forcing us to take extreme measures on web security. They sent attorneys after us, but thankfully we’re not easily intimidated by baseless accusations or threats. They’ve even gone so far as to make physical threats. Those can actually be a bit worrisome but Remington has me covered.
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