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Thursday's Three Burning Legal Questions

Here are today's three burning legal questions, along with the answers provided by the blogosphere.

1) Question: I was eating lunch at an outdoor cafe when a bird pooped in my food. Now I'm in an argument with the restaurant over who must pay for the replacement order. I say that if you run an outdoor cafe you assume the risk of birds pooping in your customers' food. The restaurant says that if you eat outside you assume the risk of a bird pooping in your food. Who is right?

Answer: Congratulations, you have stumped the entire blogosphere, which has no answer for you. (Consumerist, Who Should Pay If A Bird Poops In Your Food?)

2) Question: I bought a subway pass that allows unlimited access to the New York subway system. Can I sell other people "swipes" off of my card to let them access the subway as well, without getting myself charged with theft? I think I'm on to something here!

Answer: The New York Court of Appeals says it is not theft because you own the access that you are selling. But FYI, the Manhattan district attorney's office says it will try to prosecute swipe-sellers using "other laws." (The Volokh Conspiracy, Selling Swipes from Unlimited Subway Card Isn't Larceny, Court Rules)

3) Question: My buddy and I just stole a bunch of DVDs and computer games from a Target store. While we were driving away from the Target, my buddy accidentally "pocket-dialed" the 9-1-1 emergency line, and the 9-1-1 operator overheard us bragging about the heist, chatting about where we would get the best prices for the stolen merchandise, and even describing the vehicle we were in. We were immediately caught. Can that 9-1-1 call be used against us?

Answer: I'm afraid so. (Wisconsin State Journal'Pocket dialed' 911 call leads to easy arrest of two thieves)


Posted by Bruce Carton on December 15, 2011 at 12:50 PM | Permalink | Comments (0)


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