Waste Not, Want Not: Airline Dumps Human Waste on Englishman Sunning Himself in his Backyard
Added 10-25-21 07:55:02am EST - “As people venture out after the lock down in England, a man in Windsor, England has a cautionary tale. The man decided to take in the sun in his backyard when, according to news reports, he and his?” - Jonathanturley.org
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As people venture out after the lock down in England, a man in Windsor, England has a cautionary tale. The man decided to take in the sun in his backyard when, according to news reports, he and his entire yard was covered in human waste dumped by a passing plane. That is not the end to this rather obnoxious situation.
We have previously discussed falling objects including frozen poop from planes. It does raise a curious question, is the heightened liability of a “common carrier” extended to falling poop.
In England, common carriers were liable under strict liability for the loss of goods. Rich v. Kneeland, Hob. 17, Eng. Rep. (K.B. 1613). In both the United Kingdom and the United States, a heightened duty applied for personal injuries. This was explained in Philadelphia & R. R.R. v. Derby, 55 U.S. (14 How.) 468 (1852):
“When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence. And whether the consideration for such transportation be pecuniary or otherwise, the personal safety of the passengers should not be left to the sport of chance or the negligence of careless agents. Any negligence, in such cases, may well deserve the epithet of ‘gross.'”
This personal injury was, of course, to a pedestrian but would certainly constitute a “gross” tort.
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