Junk Mail Delivery Prompts ''Junk'' Lawsuit

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published February 26, 2008

By Author - LawCrossing

02/26/08

Still, it's a mild nuisance for the most part — except for one poor guy in Great Britain named Paul O'Brien who recently got a letter he only wishes was junk: a lawsuit.

It seems that Joy Goodman, a cake decorator, was out delivering junk mail or leaflets or something. Upon putting one in O'Brien's letterbox, she claims that the flap came down and severed the top of her index finger, so she can no longer do her job.

So she's suing O'Brien, who understandably is somewhat furious. He never asked for her leaflet or advertisement and in fact at first regarded the solicitor's letter as an April Fools' Day joke gone wrong.

But O'Brien is not the target of some prank; he really is being sued. His letterbox is one of those flap-on-the-door kinds, not a freestanding box on the street. Since his homeowner premiums will go up if he loses, well, he's not taking this one sitting down.

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Just what will happen? The local post delivery guys haven't had issues with the letterbox. Can an uninvited visitor put mail in your box and sue claiming injury?

I'm not sure about the law in Great Britain, but it seems that Goodman has a tough case against O'Brien. Perhaps she has a case against her employer for not training her properly in how to deliver mail, but this could make for a fun tort question in law school. Just think of all the issues: trespass, injury, negligence, duty of care...sounds like fun!

Of course, any reputable judge should laugh this one out of court. Still, it's more entertaining than a securities question, in my opinion at least.


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