Courts

People Love Laughing At Plaintiffs, That Doesn't Mean They're Wrong

I have an embarrassing story of my own to share.

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Dizzy Child with Vertigo Symptoms Vector Cartoon IllustrationLawyers are often the butt of jokes, and frankly the profession is pretty used to it. Folks love telling lawyer jokes, but find yourself with a DUI or a custody battle or estate planning issues and we know who you’ll call. But attorneys aren’t the only ones to take a ribbing. Often plaintiffs, particularly with novel theories about liability, find themselves the subject of ridicule.

Take this case making the rounds where a plaintiff was injured after walking into a glass wall as they tried to exit Target.

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Hmmm, this is exactly why most glass wall tend to have vinyl markings or signage on them. And, well, color me… sympathetic.

Because floor-to-ceiling glass walls are a scourge upon our nation that must be stopped!

It started as a fun day at Universal Studios Orlando, and I was doing some shopping around Toon Lagoon. As I wandered from one shop to the next, I heard my friend call “watch out” from behind. I lifted my foot higher to get over the threshold I imagined I had just been warned about and walked — head first and at speed — into a glass wall. The surface was not so pristine after its run-in with my greasy noggin.

And let me tell you — walking totally unawares into a glass wall HURTS. While I was surrounded by the comic strip stylings of yesteryear, it was no laughing matter. I found a seat facing the oversized visage of the Cathy cartoon — aack, indeed — tears streaming down my face as a welt rose on my forehead.

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So, sure, perhaps people are ridiculing the plaintiff in the above case — but people also love bashing the McDonald’s coffee case. But we know in reality McDonald’s engaged in a dangerous practice known to cause injuries.

Of course, I don’t know nearly enough facts in the glass wall case to comment on Target’s practices or potential liability — the litigation is in its infancy. But just because it’s funny to imagine someone being hurt like this  (it *is* funny and it *does* hurt) that isn’t dispositive.

From my perspective, glass walls can look cool, but they should be reserved for high-rise buildings. That amplifies the already impressive views from tall buildings and makes very clear, even to someone like myself, that you cannot continue walking into thin air.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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