NOT YOUR ORDINARY TURKEY SHOOT
THE CRAZY CASE OF JACOBS V. KENT
It began like any other hunting excursion. Neil Jacobs was walking softly through the bushes, looking for a spot to hunker down and watch for a flock of turkeys. The only problem was that someone beat him to that neck of the woods. James Kent had established a hunting spot for himself, and, when he heard rustling and gobbling in some nearby bushes and saw a flash of red, he took aim and fired. Unfortunately, the movement in the bushes was not a turkey. Kent was horrified to find that he had shot Jacobs. Jacobs promptly moved for a partial summary judgment against Kent on the basis that he had failed to determine that Jacobs was not a turkey but, in fact, a human being. Kent cross-moved for summary judgment, saying Jacobs should have expected risks when he stepped into a popular hunting environment. When their case came before the Supreme Court of the 4th District of New York, the courts denied both the motion and the cross-motion. They agreed that Jacobs had assumed the inherent risks of hunting — just not the risks it would be unreasonable to assume, like getting
shot by another hunter who thought you were a turkey. Beyond that, the courts did not pronounce judgment because they did not have enough verifiable facts. Jacobs asserted that turkey hunters should not shoot unless they can see the turkey and verify its gender. The court could not determine whether Kent had failed to follow this rule when he shot Jacobs. They also could not determine whether the doctrine of primary assumption of risk, which Kent pointed to in his defense, was even applicable. The court also called into question whether Jacobs had also been negligent. Ultimately, the case didn’t move forward.
Maybe next time, they should just try getting a turkey from the supermarket.
ALL EYES ON YOU
Why You Need to Curate Your Social Media Accounts
We all know social media is a great way to keep in touch with friends and family. Whether we use Facebook, Instagram, Snapchat, Twitter, TikTok, or all of the above, many of us post updates and pictures keeping everyone in our social circle in the loop.
Another thing to consider is removing old posts and photos. Go back through your social media history and take down content that may hurt your reputation. You never know who will see what. Even an embarrassing picture from 10 years ago can have repercussions today. Let’s say on May 15, 2009, you posted a selfie during a night on the town after you had a few drinks. In the picture, you’re sitting in the driver’s seat of a car. You weren’t actually driving — just sitting there. A potential employer, for example, might consider what this picture says about your character, or an insurance adjuster might see it following a fender bender and lower your claim amount. There are a lot of factors at play. This sort of content is certainly something that has caught up to celebrities! While it’s hard to remove a post entirely, thanks to internet archives like Archive.org, deleting them does make it much harder for people to snoop. Navigating social media and curating your profiles can be a lot of work, but it’s worth it. Your online reputation can reflect your real- world reputation. The great thing about social media is the fact that you have control. Only show the public what you want them to see, or set your profiles to private and only share your content with those you trust most.
That said, it’s always important to keep in mind that much of what you share on social media is readily available to the public. Depending on your personal settings, anyone searching for your name on Google may be able to find your Facebook, Twitter, or Instagram profile in a matter of minutes. This includes potential employers, insurance companies (and their attorneys), law enforcement, and more. When managing your online reputation, a good rule of thumb is to sleep on it. For example, when you’re getting ready to post an update or a picture, create a draft, but don’t post it immediately. Sit on it for a while — maybe for an hour or even overnight. When you give yourself time between drafting a post and submitting it, you can better determine if it is something really worth posting.
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2 MRDUILA.COM
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