Given the right attorney, the crassest stupidity can be made to pay off.
Some years ago in California a burglar fell through a skylight while trying
to break into a building and successfully sued his intended victim for
damages.
Best wishes,
Thomas Berry, Archivist
Historical Construction Equipment Association
16623 Liberty Hi Road
Bowling Green, Ohio 43402
Phone 419-352-5616
Fax 419-352-6086
[log in to unmask]
http://www.hcea.net
----- Original Message -----
From: James F. Johnson
To: [log in to unmask]
Sent: Sunday, May 11, 2003 8:06 PM
Subject: Re: Tragedy at a Chicago museum
This looks like a case of an enticing feature (stairwell banister) rather
than an unsafe feature of normal use (loose banister, worn steps, uneven
floor level across a threshold, etc). Poor judgement on at least the part of
the student who attempted to slide down it, possibly anysupervising adults
with the group as well.
It's been years since I was at CMSI (1973 exactly), but I would assume the
stairway has been there a long time. How many others have attempted to slide
down the banister? (Basically, were the staff aware of the 'temptation' of
the banister from prior activity?) I tend to think not as yet, or not often,
as the museum would at least likely response with a sign to keep of the
banister, and the report made no report of it.
So, how do you anticipate stupid actions by others unless you can look at
the features of your museum with the same 'stupid' mindset and ease of
temptation? On a philosphical level, does not legal liability, if we are
assigned it, require us to be at least as stupid as those at risk?
My mother could never figure out how her two toddlers were getting into so
much stuff until one day she happened to look around while down on her knees
picking up something. At that eye level, there was just so much stuff....
Do you 'test' a new museum by inviting the nearest juvinile detention
facility to spend the day in the building?
--
James F. Johnson
[log in to unmask]
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"In the End, we will remember not the words of our enemies, but
the silence of our friends."- Martin Luther King Jr. (1929-1968)
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