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Subject:
From:
"McManus,Greg" <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Mon, 12 May 2003 13:27:51 +1200
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Deb

I think the reason for what you describe is simply that in America you can be sued for negligence, even if someone does something that is completely stupid and beyond common reason. In other countries, such as NZ where I live, you could not sue anyone for your own stupidity, even if they didn't explicitly warn you of the danger of "jumping off the tall building, which may result in serious injury or even death", to use a silly example. 

In short, in America you are forced to protect yourself from punishment for the stupidity of others in your museum (or whatever) whereas elsewhere in the world we leave people alone to be as dumb as they choose to be without risk of litigation against us.

That being said, I am sure the rest of the world will catch up with you one day which is why I am encouraging my daughters to go to law school (-:

Greg

Greg McManus
Director
Rotorua Museum of Art & History
Te Whare Taonga o Te Arawa
Government Gardens 
Rotorua
NEW ZEALAND

www.rotoruamuseum.co.nz

Tel.   64+7+349 4350
Fax.  64+7+349 2819
027 271 4328



-----Original Message-----
From: Deb Fuller [mailto:[log in to unmask]]
Sent: Monday, 12 May 2003 1:13 p.m.
To: [log in to unmask]
Subject: Re: Tragedy at a Chicago museum


--- "James F. Johnson" <[log in to unmask]> wrote:

> 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?

It never ceases to amaze me at how "protected" we think the American public
should be. In other countries, it is assumed that people are smart enough not
to slide down banisters, walk off of cliffs, keep back from ledges, not lean
too far out of windows or over walls and generally not go where they are not
supposed to in the first place. I'm constantly surprised at how few protective
devices are on historic buildings and other sites in Europe.

For example, at the Roman bath in Bath, you can walk right up to the main bath
and even jump in if you were stupid enough. There are no chains, guards or
fences to keep you from doing so - only a sign that says please be careful
around the bath. (I was a tacky American and stuck my finger in the water. :)
In America, you probably couldn't get within 10 feet of the bath and it would
be roped with chains and large signs about the dangers of drowning.

So why is it in America, we have to constantly protect people from doing
obviously stupid things - like sliding down a banister, while in other
countries, it's assumed that you have a modicum of intelligence not to do so?

Deb

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