The Law's Shades of Gray
This past weekend my friends and I went river rafting at Flaming Geyser State Park. When we arrived the park was full so we parked a couple of blocks down the road. As we walked to the park we came upon a 2’ x 2’ hole in the ground approximately 3’ feet deep. One of my friends gleefully turned to me and asked, “could I sue and wins lots of money if I had fallen in?” My friends all looked to me waiting to hear a resounding “yes!” but instead they received a lawerly “it depends.” As dissatisfying as that answer was, it is true. Unfortunately, the law is not black and white. Rather, it is the many shades of gray in between.
My friends mistakenly believe that all legal questions can be looked up in some giant book of laws and the answers recited with definitiveness. Of course, if this were true then there would be no practicing of law, but merely the looking up of laws. I began to explain to them that a proper analysis involves thorough fact finding: is this private or public property, are we invitees or trespassers, was the hole purposely or naturally created, does the owner know about the hole…..the list went on. It was at that point that my friends’ eyes glossed over and their interest faded away.
I think their disappointment in my answer stems from our basic need for structure and consistency in the world in which we live our lives. The law made not be as certain as black and white, but utilizing past experience (cases) as our guide, and the similarities and differences between those experiences, outcomes can be predicted within a certain degree of probability. However, before this provides you any comfort, it is important to note that even with the best analysis, judges and juries are the one variable, the proverbial wrench, that are inevitably unpredictable.
