Traditionally, the tale of the plug of tobacco has been law students’ favorite anecdote explaining the term “res ipsa loquitur,” or “the thing speaks for itself.” I have reprinted the story or a link many times, but not yet in 2026, so here you are…
“It seems that appellant [Mr. Pillars] consumed one plug of his purchase, which measured up to representations, that it was tobacco unmixed with human flesh, but when appellant tackled the second plug it made him sick, but, not suspecting the tobacco, he tried another chew, and still another, until he bit into some foreign substance, which crumbled like dry bread, and caused him to foam at the mouth, while he was getting “sicker and sicker.” Finally, his teeth struck something hard; he could not bite through it. After an examination he discovered a human toe, with flesh and nail intact. We refrain from detailing the further harrowing and nauseating details. The appellant consulted a physician, who testified that appellant exhibited all of the characteristic symptoms of ptomaine poison. The physician examined the toe and identified it as a human toe in a state of putrefaction, and said, in effect, that his condition was caused by the poison generated by the rotten toe.[emphasis added]…Generally speaking, the rule is that the manufacturer is not liable to the ultimate consumer for damages resulting from the defects and impurities of the manufactured article…[but the Court can] “imagine no reason why, with ordinary care human toes could not be left out of chewing tobacco, and if toes are found in chewing tobacco, it seems to us that somebody has been very careless.” Agreed. The case is Pillars v. R.J. Reynolds Tobacco Co. et al., 78 So. 365 (Ms. 1918).
Similarly, 21-year-old woman Maria Eduarda Rodrigues de Freitas is dead because the idiot staff at a bungee-jumping event threw her from a bridge but forgot to attach the cord, leading to the poor woman plunging about 130 feet into a ravine. Maria was pronounced dead at the scene. The incident occurred on the “Skeleton Bridge” in Limeira, in the state of São Paulo.
Six people have been taken into custody. Good.
You know, hiring the equivalents of Moe, Larry and Curly to supervise bungee jumping is even more irresponsible than letting the Three Stooges be plumbers, carpenters or surgeons, which were among the set-ups for many of their slapstick film misadventures. Neither their employers nor the negligent homicide perps themselves can fall back on any rationalizations on the list and get away with it. #19. The Perfection Diversion, or “Nobody’s Perfect!” and “Everybody makes mistakes!” or #20. The “Just one mistake!” Fantasy are probably their best shots, but the problem is that literally nobody does this, ever, unless they are menaces to society who need to be locked away for the greater good. Tossing a trusting thrill-seeker off a cliff and neglecting to fasten the cord expected to safe her life is signature significance for a reckless moron. I guess #20A, “Everyone Deserves a Second Chance,” is also worth a try, but I would require such a bungee jumping establishment to prominently display a sign that says:
“Warning! Occasionally our staff neglects to attach the cord, which will result in a jumper having their brains splattered all over the ravine floor.”
I hate blaming victims, but I feel compelled to add that those of us who deliberately engage in activities that have no societal utility whatsoever and that innately involve the risk of death or serious bodily injury are limited in the amount of sympathy they can expect from me when their metaphorical tossing of the dice comes up snake-eyes. There are several posts on EA about the topic, as with people who pay absurd amount of money to climb Mount Everest or who go over Niagara Falls in a barrel. Those who feel something as pointless as bungee jumping will enrich their lives and signify a purpose to an otherwise empty existence have their priorities seriously out of order. They don’t deserve to die, but they do deserve to have St. Peter say, when they knock on the Pearly Gate, “You died how? What were you thinking?”
Ethics Alarms 