Citizens Against Lawsuit Abuse of Central Texas

By Bobby Jenkins
June 1, 2006

On a hot Texas day, there’s nothing more refreshing or exhilarating than plunging from a high dive into the neighborhood pool.

But when was the last time you saw a diving board at a public pool? Because of our sue-happy society, or rather the fear of a lawsuit, diving boards have largely evaporated from public and most private pools. Litigation concerns also spurred changes to a Texas statute in 2004 that increased required clearances for diving boards, further driving them from municipal pools.

Alas, one of the simple pleasures of summer is no more. For kids today, this means missing out on the thrill and anticipation that only a high diving board can provide.

A splashless summer is one thing, but it seems no summer activity is safe from lawsuits. From putting on sunscreen, to taking a trip to the ballpark, to an outdoor picnic, summertime fun is ripe for litigation. Who knew so much danger lurked on these long, lazy days?

Consider these summer suits:

1. 100 degrees in the shade: A class-action lawsuit was recently filed against sunscreen makers alleging that, while there are no negative medical effects associated with sunscreen use, advertising that encourages the use of sunscreens to protect against sun damage has unfairly lulled consumers into a false sense of security about sun damage. (Wall Street Journal, June 7)
   
2. A league of their own: A Florida father sued a youth baseball league because his son was erroneously told he'd made the league's all-star team. Because of the cost of the lawsuit, the future of the baseball league was threatened. (Liability Week, June 29, 1998)
   
3. Think pink: A psychologist who was denied a pink tote bag during a Mother's Day giveaway at a Los Angeles Angels' baseball game has sued the team, alleging that thousands of males and fans under 18 were "treated unequally" and entitled to $4,000 each in damages. (Los Angeles Times, May 11)
   
4. School’s out forever?: In suburban Milwaukee, a 17-year-old and his father sued a teacher, various school officials and the school district, challenging summer homework assignments made as a prerequisite to an honors pre-calculus class. Smartly, the judge threw out the lawsuit stating, "Had the family done a bit more homework, they would have discovered that the people of our state granted to the Legislature...the power to establish school boards and the state superintendent and to confer upon them the powers and duties the Legislature saw fit." (Associated Press, March 9, 2005)
   
5. No fun allowed: Climbing, swinging and sliding was once a rite of passage all kids enjoyed during carefree summers. But thanks to the onslaught of frivolous personal injury lawsuits and fear of future litigation, once-common equipment such as metal slides, seesaws and merry-go-rounds are vanishing. In fact, cities and counties are adopting new "no-fun" safety rules like Broward County, Fla., which recently added a new rule on the playground: "No running." (KATU 2 News, May 8)
   
6. Fat, what fat?: In the latest example of personal responsibility being boiled in oil, personal injury lawyers have filed a class-action lawsuit against KFC alleging that their fried chicken actually may be unhealthy. The suit is currently pending, but backyard picnics and barbeques everywhere may never be the same. (Associated Press, June 14)

The lawsuit-happy tactics of some affect all of us. Abusive and frivolous lawsuits cost time and money – even if cases are settled – and taint some of life’s simplest pleasures.

It’s time to say no to summertime lawsuit lotto.

Bobby Jenkins of Austin is owner of ABC Pest and Lawn Service and a member of the Board of Directors of Citizens Against Lawsuit Abuse (CALA) of Central Texas (www.tala.com), a nonprofit, nonpartisan grassroots watchdog organization dedicated to educating the public about the costs and consequences of lawsuit abuse and ensuring that our legal system is used for justice, not greed.