27 Nov Court: Falling Bikini Top is “Emergency” Excusing Negligence

There are all kinds of fascinating legal cases for sure. Apparently, one Brittany Lahm, now 24, back in 2009 got into a car accident in upstate NY. Her front seat passenger sadly was killed and others in the car injured. All the folks in the car were 19 at the time and were heading home from a trip to the Jersey shore.

Lahm was sued by the others for negligence. The cause of the accident: the now deceased front seat passenger untied Ms. Lahm’s bikini top, as the court described, “thereby causing the top to fall and her breasts to be exposed.” The court ruling, now upheld by the NY appeals court: a jury could rule that the falling bikini top was an “emergency not of her own making” which excused her from being liable for the passengers’ injuries and death.

A dissenting judge said she was partially at fault because she was “disruptive” earlier in their ride, according to the ABA Journal, and therefore the prank was “foreseeable.” My commentary on this case: no comment!