Thursday, March 20, 2008
A 60-foot escalator allegedly malfunctioned at Giants Stadium in late December, immediately following the Giants-Patriots game. The Star-Ledger reports that eight people have filed notices to sue the New Jersey Sports and Exposition Authority. Several of the reported claims are serious. The potential overlap between products and premises liability can make these claims doctrinally interesting. Perhaps the potential defendant is taking a cue from the Sorry Works! theory reported by Sheila yesterday:
"While the investigation is ongoing it is inappropriate for us to comment, but the authority management empathizes with those guests of ours who were affected," said John Samerjan, a spokesman for the sports authority, which operates Giants Stadium.
Notice the distinction between an expression of sympathy and an acknowledgment of responsibility.