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Stupid Lawsuit of the Week
[UPDATE: This case was thown out.]
Every once in a while we find a lawsuit that is such a breathtakingly stupid waste of judicial resources that we feel compelled to mention it in this space as well as at the Institute of Reproductive Geology. This lawsuit found via Fark falls into that category.
Rhonda Nichols alleges in the suit that a bird flew into the back of her head while she was at the outside gardening area of a St. Louis, Missouri, area Lowe’s Home Center. As a result of the store’s negligence in allowing a wild bird to enter their outdoor garden center, Ms. Nichols claims that she has sustained injuries to her “head, brain, neck, muscles, bones, nerves, discs, ligaments, as well [sic] leading to the loss of neurological functions and cognitive skills.”
Her attorney, Zane T. Cagle, said “the bird was described to us as being about the size of a robin or pigeon. This was no sparrow.” No, I’m sure you’re right and it wasn’t a sparrow.
But that does nothing to make the lawsuit make sense. Lowe’s was not negligent in allowing a wild bird to fly over or though its garden center. Ms. Nichols seems to be demanding that Lowe’s prevent birds from entering the garden center. The only way they can do this is to enclose garden center, which tends to defeat the purpose of an outdoor garden center.
Even putting up netting will not be sufficient. Doing so would still leave Lowe’s vulernable to this type of lawsuit because they would have a duty to be constantly inspecting and repairing the netting. When a tear develops, despite these best efforts, Lowe’s would still get sued. Indeed, the assistant manager at the Lowe’s Home Center said: “What are we supposed to do? We have no control of the birds.”
No, they do not. If I can find the occasional bird inside the completely enclosed H.E.B. grocery store here in town, Lowe’s will find it quite impossible to keep them out of an outdoor garden center.
MickC @ April 15, 2005