Day on Torts
This would be funny – if it wasn’t true.
John Jenkins sat down in a portable toilet to start and finish some personal business and have a cigarette – and the toilet exploded!
Apparently, there was a methane gas leaking from a broken pipe under the toilet. When Jenkins struck the lighter there was an explosion and he was burned.
He has filed suit against the property owner and the construction company that allegedly damaged the pipe.
Read the story here.
Do you think either defendant will allege comparative fault on Mr. Jenkins? In Tennessee, defendants can allege fault against non-parties. I know two defense lawyers who would allege fault against the Mexican restaurant where Mr. Jenkins purchased and ate a burrito for lunch.