Liability Insurance Ends Punkin Chunkin

NO PUNKIN’ CHUNKIN’

Since 1986, bored rednecks in Delaware have been tinkering with giant medieval trebuchet devices, catapults, giant slingshots, and even custom-built air cannons with enormously long barrels all to launch pumpkins staggering distances. 

The basic idea of this concept is to launch a pumpkin as high and far as possible. Then, trusted folks on ATVs ride out to measure the distance. Crowds often hit 20,000 in number. These events continued to grow in both the size of the crowds and the power of the machines, as the events were even featured on Myth-Busters and other programs.

But last year they cancelled the event. This year was cancelled, too. Why? The lack of a company willing to write the liability insurance policy ended the raining of pumpkins.

It seems that there was just one lawsuit regarding a serious ATV accident, and that was settled. However, liability insurance for this event had to be a stretch. As fun as “punkin chunkin’” sounds, and it seems like it would be great, insurance companies are not necessary in favor of too much “fun” if that fun will likely lead to injuries and lawsuits.

Liability insurance companies will tell you that numerous and serious claims involving death and serious injuries come from activities involving large, powerful machines, drunkenness, the presence of children and the use of motor vehicles.

Let’s analyze what they may be considering here:

·      Rednecks on ATVs in uneven fields? Check.

·      Large, powerful machines that swing counterweights that can kill? Check.

·      Giant, pressurized air cannons that can explode? Check.

·      Heavy pumpkins falling unpredictably from high in the sky? Check.

·      Is there a better than even chance that many of the yahoos involved in these admittedly fun activities are drinking or even totally drunk? Check.

It is rare for me to come down on the side of insurance companies since I feel like I sue at least one almost every week of my life, but I kind of see their point here. It is reinforced by the names and categories of record holders they list:

Adult Air Category:   American Chunker, Inc.       4694.68 ft.    

Okay, that is almost a mile! This Navy-sized pressured-air-gun shot a pumpkin almost a mile! But, notice that is only one category. In the “Adult Catapult” competition, the “Fibonacci Unlimited II” launched its gourd some 2862.28 ft., or about half a mile. Not to be out done, the “Adult Centrifugal” entry  “Bad to the Bone” hit 3245.58 ft.

Did you notice that there were “Adult” categories? So, yes, not only are children present, they actively compete. These future engineers enter youth categories that even include a “10 and under” class. Even the names they selected sound ominous: “Jersey Devil,” “The Plague,” “Stomach Virus,” and “Colossal Thunder.” (I will the “Snot Rocket” an honorable mention, as well).

So, insurance companies, who watch that profit margin very carefully, have effectively ended the reign--and the rain—of the pumpkins.

Should a Christian Ever Sue??

Christians and Lawsuits--

Should a Christian Sue?

As a Christian, and a lawyer, I have been asked about this many times. As with any question, we should consult the Scriptures first.

The Biblical text that is most often cited is Paul’s letter in 1 Corinthians 6:1-8:

If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church! I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers! The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers. (NIV)

Let’s look at the passage carefully. The kind of cases involved in the passage are described in the text:

A “dispute,” that is “trivial” in nature, “between believers,” involving being “cheated” and “wronged” and this dispute could well be judged by a “man of little account in the church.”

The type of actual dispute is not revealed, but from the description above it is clear that it involves a matter that is between two believers, where one feels cheated or wronged and appears--to others at least--as “trivial” in nature. The Bible expressly states that legal action in that situation is shameful.

An example of that might include a Christian church member suing another member for slander for unknowingly sharing partially false information in a prayer request about her, and hurting her reputation. Or, it could involve a dispute between two members of a church suing one another over the giving of a poor reference for a job. (Yes, both of these are unfortunately based on real cases).

There is little doubt that these bring the reproach of men upon the church, and are horrible examples. However, Paul himself resorted to law twice when he was wrongfully arrested as a Roman citizen. He also used the threat of law in Acts 16:37. When one examines the Biblical admonition carefully, there is a clear distinction depending upon the type or nature of the dispute.

For instance, cases that I handle generally involve serious injuries or death. Any case involving grievous injury or death, by definition, is not at all “trivial.” I hasten to add that 98% of cases settle without trial, so even the most serious cases rarely see a courtroom. Mediation, which is based on Matthew 18, is often used with great success.

Further, these types of serious disputes are rarely actually “between believers” in any real sense. For instance, if I represent you because you were paralyzed when a truck rear-ended your car, I have to name the negligent driver of the truck (who may be a Christian) in order to obtain the compensation due from his auto insurance. Recall as well, that insurance is purchased to assist us all in paying for accidental acts that may harm someone, and to help protect our assets in that event. It is exceedingly rare for any case to cost an insured driver one penny personally. Many cases are against large corporations that, of course, do not have souls, and therefore cannot be believers.

I may represent a Christian, against a nursing home chain for neglect in allowing terrible bedsores. This is usually a large corporation that often put profits over people. These cases are clearly not what is banned in the Corinthians passage.

Finally, cases that I handle, against negligent drivers, doctors, hospitals and nursing homes are not at all the type of cases that can be resolved by “men of little account in the church.”

While there are many other types of law, the type that I deal with is mentioned frequently in Scripture. Much of our civil injury law (called “tort law”) is actually based on the Bible’s passages.

For instance, the law governing dog bites in Tennessee states that if my dog is not known to bite I have no liability for it doing so. However, if my dog has a vicious nature and is known to bite then I am liable in tort law for all damages. Compare, Exodus 21:28:

If a bull gores a man or a woman to death, the bull must be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull must be stoned and the owner also must be put to death. However, if payment is demanded of him, he may redeem his life by paying whatever is demanded.

Or, look at the law regarding a slip and fall on a premises owned by another. If I create a condition that I know is dangerous and leave it as a virtual trap for another, I am liable in civil damages. Compare Exodus 21: 33:

If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, the owner of the pit must pay for the loss;

Other interesting accidents in Scripture include the negligent attaching of an axe head to an axe handle such that it flies off and kills someone while chopping wood (Deut. 19:5); and the dropping of a stone on an unseen man (Num. 35:22).

Also, the negligent person has a responsibility as well. Sometimes people talk of lawsuits being a way of making another person responsible for one’s own misfortune. But, if not for lawsuits generally, we may still have Ford Pintos with exploding gas tanks on the road, burning people alive after very minor car accidents. The medicines we take would not be so thoroughly tested. Nursing homes would not be under any incentive to give better care.

As you can see, the Bible does not forbid lawsuits, but it gives us much direction. Here is a Biblical checklist that may be helpful in evaluating a potential claim:

1. Is this matter “trivial?” (If so, overlook it.) (1 Cor 6:2 & Col 3:13).

2. Is this matter solvable by involvement of others at church? (1 Cor 6:4 & Matt 18:15).

3. Are my motives selfish or vengeful? (If so, stop). (Phil 2:3)

4. Have I tried to resolve my claim before suit or court? (Proverbs 25:8).

In the end, some will say, my cases are about money. I understand the criticism.

However, as I may tell a jury, “Don’t give her money---give her back time…give her back years of pain…give her back a life without this suffering…give her back her quality of life. But if you cannot give these things, then compensation is all we can ask for. It gives her freedom and it gives her choices. That is all we have to offer her.”

Home Safety

Home Can Be A Dangerous Place

Every week, I see homeowners insurance claims that could have been prevented. Here are some risks to consider, along with some steps to take, to reduce your risk.

1. Watch that tub.

Falling is the leading cause of home injury deaths. Surprisingly, nearly 6,000 lives per year are lost in simple falls. The bathtub is the leading culprit. Some install grab bars on the walls, or grip strips in their tub to reduce risk. Given the hard surfaces hit when one falls in the tub, any steps to make it safer are welcome.

2. Check the medicine cabinet.

The second-leading cause of accidental home injury deaths is accidental poisoning. Almost 5,000 lives are lost each year. One might expect this to be mostly children drinking a poison from under the sink, which certainly happens. However, it is often a mixing of alcohol and prescription drugs. Sometimes it is as simple as a husband sleepily taking his wife pills rather than his own in the middle of the night. Steps can be taken to make these medicines very different from one another in packaging.

3. Watch that stove.

Home fires and burn injuries kill over 3,000 people annually, and thus are the third-leading cause of accidental home injury deaths. Do your smoke alarms work? Change batteries when you change daylight saving times. Train your children in actual fire drills how to get out and to never reenter during a fire. Some families hold actual fire drills twice a year. Never put water on a grease fire, and make sure everyone knows that. In a new home, check the price of having fire sprinklers installed. (Unlike television and the movies, only the sprinkler that is getting hot actually sprays water). Finally, watch those bonfires and lighters. Kids love to spray lighter fluid like Dad does.

4. Choking hazards like your blinds.

Choking, suffocation and strangulation, claims about 1,000 lives a year. It is the fourth-leading cause of accidental home injury deaths. Younger children are most at risk. You might see choking hazard warnings on toys these days as recognition of this serious threat. Empty out the crib when you put a baby down, and cut the cords to your blinds. Smaller toys, Legos, coins, marbles and candy can choke any child. If choking, they cannot scream to tell you.

5. 5. Watch that water:

Over 800 people die each year in drowning accidents. The depth of the water is less important than supervision. Kids drown every year in bathtubs, let alone pools and ponds. Local codes require a fence at least 4 feet high with a self-closing and self-latching gate around their pool. Teach children to swim early on. If you wish, get your family trained in CPR to help with emergencies.

6. Beware of dogs.

Almost 800,000 bites per year -- one out of every 6 -- are serious enough to require medical attention. Dog bites send nearly 368,000 victims to hospital emergency departments per year (1,008 per day). Every year 2,851 letter carriers are bitten. Getting bitten by a dog is the fifth most frequent cause of visits to emergency rooms caused by activities common among children.

Homeowners claims and, more importantly, injuries and deaths, can be reduced with these simple steps.

Watch Out!

Motorcycle Safety

“Only a biker knows why a dog sticks his head out of a car window.”

~Author Unknown

Whether you ride or not, we all need to be more aware of motorcycle safety. Harleys and other brands have seen a resurgence in popularity in recent years. Higher gas prices also encourage cycling. Many more bikes are on the road. This interaction can be deadly for our friends on bikes.

Clearly, some bike accidents are the fault of daredevils kicking up wheelies on the interstate. These folks will probably kill themselves before a car ever gets involved. About 25% of the crashes in one study involved a single motorcycle that either struck a fixed object and/or ran-off the road. This behavior is especially troubling in Arkansas where no helmet is required. They would do well to recall this famous quote:

“What do you call a cyclist who doesn't wear a helmet?”

“Organ donor. “ ~David Perry

However, it has been my experience in a decade and half of handling injury and death cases that cars (we non-riders) are actually the culprit in most crashes! This might surprise you. Nearly 75% of the crashes in that same study were motorcycles involved in a collision with another vehicle, which was mostly a passenger car.

We see it so often in my injury law practice that we call them a “standard motorcycle wreck.” Here is what it looks like:

The most frequent impact configuration is the motorcycle proceeding straight ahead and the car making a left turn in front of the oncoming motorcycle at an intersection. Usually, the driver of the other vehicle violated the motorcycle’s right of way and caused the crash. The failure of motorists to detect and recognize motorcycles in traffic was the predominating cause of motorcycle-car accidents. The driver of the other vehicle did not see the cycle before the collision, or did not see the motorcycle until too late to avoid the collision.

“I just didn’t see him!”

~Most at fault drivers

Not noticing the motorcycle is a critical factor in multiple vehicle accidents. Thus, motorcycle headlamps (on even in daylight) and the wearing of high visibility yellow, orange or bright red jackets reduces accident involvement.

One study concluded that the typical motorcycle accident allows the motorcyclist just less than 2 seconds to complete all collision avoidance action. Motorcycle riders in these accidents showed significant collision avoidance problems. Most riders would over brake and skid the rear wheel, and under brake the front when greatly reducing collision avoidance deceleration. The ability to counter steer and swerve was essentially absent.

The likelihood of injury is extremely high is these motorcycle accidents-98% of the multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.

“Everyone crashes. Some get back on. Some don't. Some can't.”

~Author Unknown

Bottom line, watch your left turns more carefully. Some folks actually plan their route to avoid them where possible. Let’s all be more careful, because your riding neighbor’s very life may depend on your glance.

Christians and Lawsuits-- Should A Christian Sue?

 

As a Christian, and a lawyer, I have been asked about this many times.  As with any question, we should consult the Scriptures first.

The Biblical text that is most often cited is Paul’s letter in 1 Corinthians 6:1-8:

If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church!  I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers!  The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers. (NIV)

Let’s look at the passage carefully. The kind of cases involved in the passage are described in the text:

A “dispute,” that is “trivial” in nature, “between believers,” involving being “cheated” and “wronged” and this dispute could well be judged by a “man of little account in the church.” 

The type of actual dispute is not revealed, but from the description above it is clear that it involves a matter that is between two believers, where one feels cheated or wronged and appears--to others at least--as “trivial” in nature. The Bible expressly states that legal action in that situation is shameful.

An example of that might include a Christian church member suing another member for slander for unknowingly sharing partially false information in a prayer request about her, and hurting her reputation.  Or, it could involve a dispute between two members of a church suing one another over the giving of a poor reference for a job. (Yes, both of these are unfortunately based on real cases).

There is little doubt that these bring the reproach of men upon the church, and are horrible examples. However, Paul himself resorted to law twice when he was wrongfully arrested as a Roman citizen.  He also used the threat of law in Acts 16:37. When one examines the Biblical admonition carefully, there is a clear distinction depending upon the type or nature of the dispute.

For instance, cases that I handle generally involve serious injuries or death. Any case involving grievous injury or death, by definition, is not at all “trivial.”  I hasten to add that 98% of cases settle without trial, so even the most serious cases rarely see a courtroom. Mediation, which is based on Matthew 18, is often used with great success.

Further, these types of serious disputes are rarely actually “between believers” in any real sense. For instance, if I represent you because you were paralyzed when a truck rear-ended your car, I have to name the negligent driver of the truck (who may be a Christian) in order to obtain the compensation due from his auto insurance.  Recall as well, that insurance is purchased to assist us all in paying for accidental acts that may harm someone, and to help protect our assets in that event. It is exceedingly rare for any case to cost an insured driver one penny personally. Many cases are against large corporations that, of course, do not have souls, and therefore cannot be believers.

I may represent a Christian, against a nursing home chain for neglect in allowing terrible bedsores. This is usually a large corporation that often put profits over people. These cases are clearly not what is banned in the Corinthians passage.

Finally, cases that I handle, against negligent drivers, doctors, hospitals and nursing homes are not at all the type of cases that can be resolved by “men of little account in the church.”

While there are many other types of law, the type that I deal with is mentioned frequently in Scripture. Much of our civil injury law (called “tort law”) is actually based on the Bible’s passages.

For instance, the law governing dog bites in Tennessee states that if my dog is not known to bite I have no liability for it doing so. However, if my dog has a vicious nature and is known to bite then I am liable in tort law for all damages. Compare, Exodus 21:28:

If a bull gores a man or a woman to death, the bull must be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull must be stoned and the owner also must be put to death. However, if payment is demanded of him, he may redeem his life by paying whatever is demanded.

Or, look at the law regarding a slip and fall on a premises owned by another. If I create a condition that I know is dangerous and leave it as a virtual trap for another, I am liable in civil damages. Compare Exodus 21: 33:

If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, the owner of the pit must pay for the loss;

Other interesting accidents in Scripture include the negligent attaching of an axe head to an axe handle such that it flies off and kills someone while chopping wood (Deut. 19:5); and the dropping of a stone on an unseen man (Num. 35:22).

Also, the negligent person has a responsibility as well.  Sometimes people talk of lawsuits being a way of making another person responsible for one’s own misfortune. But, if not for lawsuits generally, we may still have Ford Pintos with exploding gas tanks on the road, burning people alive after very minor car accidents. The medicines we take would not be so thoroughly tested.  Nursing homes would not be under any incentive to give better care.

As you can see, the Bible does not forbid lawsuits, but it gives us much direction. Here is a Biblical checklist that may be helpful in evaluating a potential claim:

1.              Is this matter “trivial?” (If so, overlook it.) (1 Cor 6:2 & Col 3:13).

2.              Is this matter solvable by involvement of others at church? (1 Cor 6:4 & Matt 18:15).

3.              Are my motives selfish or vengeful? (If so, stop). (Phil 2:3)     

4.              Have I tried to resolve my claim before suit or court? (Proverbs 25:8).

 

In the end, some will say, my cases are about money. I understand the criticism.

 

However, as I may tell a jury, “Don’t give her money---give her back time…give her back years of pain…give her back a life without this suffering…give her back her quality of life.  But if you cannot give these things, then compensation is all we can ask for. It gives her freedom and it gives her choices. That is all we have to offer her.”

 

David B. Peel