When you’re a legal geek, you read comic books and watch movies in a slightly different way than the average person.
Our favorite heroes (and supervillains) lose limbs or find themselves eviscerated in just about every series. Somehow, they turn out just fine in the next, but that’s another story.
These stories draw you into their pages, and you end up feeling like you’re a bystander to the story – a witness, if you will.
And as a lawyer watching a gruesome injustice take place, you can’t help but think about the legal ramifications.
So what would happen if superheroes could sue for personal injury? Would they even have the right?
Let’s look at a few examples to explore further.
Spider-Man’s origin story
We all know that Spiderman came to be as a result of a radioactive spider bite. Soon after, Peter Parker discovered his super-human strength when he accidentally crushed a steel pipe like it was nothing.
And as much as we can fantasize about having that kind of power, we know it has its downsides. For one, radiation is rarely a good thing.
But before we talk lawsuits, let’s explore what happened.
A spider got caught up in a radiation test at a public exhibition by General Techtronics Corporation meant to demonstrate the safe handling of nuclear laboratory waste materials.
Said spider went on to bite Peter Parker before it died.
So, do we have a case for personal injury?
It’s possible, but it would be difficult to prove. As comic book readers, we know how the story unfolded, but proving where the radiation came from in “real life” would be a different story entirely.
Peter would also have to make a case for injury, which would solely have to rely on the risks of radiation exposure. Spiderman doesn’t have any weakness that we know.
And finally, we’d have to prove that General Techtronics was negligent.
View PostAgain, there are some possibilities here, but this case is far from a sure thing.
Batgirl gets paralyzed
In The Killing Joke from 1988, the Joker shoots Barbara Gordon in the stomach, and she becomes paralyzed from the waist down as a result. She has no choice but to give up her career as Batgirl.
Years later, she takes on the identity of Oracle, but that’s beside the point. Her Batgirl days were over, and it was all thanks to the Joker’s actions.
But does she have a personal injury lawsuit on her hands?
Unfortunately not. Since shooting someone is obviously a crime, this would be handled as a criminal case. Still, if they were able to get their hands on the Joker for the trial, he could be ordered to pay restitution for injury and its related damages. If that doesn’t suffice, Barbara could file a lawsuit for a battery. Spinal cord and brain injuries are costly, so she should get some restitution.
Deadpool gets eviscerated by an elephant
In the opening story of Deadpool (2013), the Presidents of the United States come back to life, and Deadpool is tasked with killing them again.
In issue #2, the Merc with a Mouth finds Teddy Roosevelt hunting at the Los Angeles Zoo. This is where Deadpool attempts to make a move and gets eviscerated by an elephant’s tusk.
You might think this is the bitter end for our satirical hero, but have no fear, he’s back to working order in a few short panels.
But where does that leave the zoo in terms of liability?
Well, this is an interesting one. And, although the zoo wasn’t necessarily negligent, they may be liable for Deadpool’s injuries (had said injuries not spontaneously disappeared).
Zoos are held to strict standards when it comes to caring for and controlling their animals. This is why, in many cases, zoos settle lawsuits before a verdict is rendered.
So, what’s your take on these cases?
If you had to choose, would you take the case against the Joker, the Zoo or General Techtronics?
