Question: If a Moon Pie injures me, can I sue?
JASON: Really, you want to tell a jury in Mobile that a pastry hurt you? Well, happy Mardi Gras.
Seriously, the question is not, can you sue, but rather, can you win?
I am going to guess that you were hit by a Moon Pie being thrown off a Mardi Gras float. Here, there is an assumption of risk. Did you NOT think there would be flying pies? Did you actively reach for those pies, putting your face in potential danger? In addition, the actual size and substance of the weapon will be discussed. The case might be a little weak.
Now, I have represented people hurt at sporting events and entertainment venues even after signing waivers. You can win these cases.
Here are a few things to consider.
Injuries. Were you really hurt? If not, you have no case; that is just the law in Alabama.
Who to sue. In the Moon Pie tragedy you propose, I assume you are on the public street. So, do you sue the Krewe or the City of Mobile? I will tell you flat out that suing a city is a very tough go. Not surprisingly, the people who make laws have created special ones to protect themselves.
Safe environment. Alabama requires organizers to provide a safe environment for participants. This is especially evident in sports venues, where broken chairs, inadequate lighting, or leaking pipes can cause danger—less so on the public street.
Outrageous behavior. You can sue and win if someone goes beyond rational thinking. For example, if they throw an entire case of Moon Pies at you, you might be able to sue and win.
My advice is to go enjoy the parades, and don’t fear those tasty treats. You are probably more likely to be hurt by beads than pies anyway.
We help people who are hurt in all types of accidents. If you have questions, don’t hesitate to call us. The call will cost you nothing. We are proud to be called “the lawyers near me” in and around Tillmans Corner.
Jason Steele
Personal Injury Attorney in Mobile, AL
Talk to me for free at (251) 666-1212.