
When I walked down this hill, an old man, about my age in others words slipped and fell while walking down this hill, but was not seriously hurt. It was a close call however and he was fortunate. Others in our group were not so fortunate.
Another day, another one of our people on the trip fell and got seriously hurt. Serbia, like most of the Balkan states was liberated after the fall of the Russian empire in 1989, but all of these states emerged as third world countries with weak economies.
Under communism of course, nothing was cheaper than human life. And now, in my opinion, tourists feel the effects of that dismissal. People here unlike in the west don’t notice dangers at their touristic sites. Such dangers are not important. There is little accommodation of people, like Christiane, who have mobility issues. They must fend for themselves. That may work with young and fit people. With older people who often have poor balance it does not work so well. For example, people going up staircases at a fortress popular with tourists had insufficient hand railings and steps were often uneven. I know in one case I took one look up and stayed at the bottom. Call me chicken; or call me prudent.
In the US in the 1920s people began to appreciate the importance of some health and safety standards. One of the first places was food preparation. People demanded safe food and regulatory institutions were required to ensure the food was safe. For example, people were disgusted to learn how cavalier food production businesses were about mice in their food and understandably they revolted.
Places to which the public were invited had to be safe. Lawyers helped in this process. The classic case in fact was one from England where person got sick from a snail in her ginger beer. The case was Donoghue v Stevenson and it laid the foundation for the modern law of negligence and established the principles of the duty of care. People had a duty to be careful if it was reasonably foreseeable that their negligent actions might harm other.
In that case Mrs. Donoghue went to a cafe in Scotland with a friend, who ordered her a bottle of ginger beer. Inside the bottle was the decomposed remains of a snail, which u8nfortunately could not be seen until most of it was drunk. By then she suffered shock and severe gastroenteritis and sued the manufacturer, Mr Stevenson. She said a manufacturer of goods owed a duty to her as a consumer to take care that they contained no noxious elements. She alleged that he had neglected that duty, and was therefore liable for any damage. She had no contract with the manufacturer and in the law up to that time prevented her from suing without a contract. The English court agreed with her and created a new ground of liability—the tort of negligence. A tort is a civil wrong. Not a criminal wrong.
After that successful law suit the law in the English speaking world was changed for ever. I know some people will be revolted at the thought that lawyers might do some good, but it’s true. Through the weapon of litigation, they forced businesses in that country, and in others like Canada, to produce safe food, entertainment, housing, cars, and everything that they produced. We are all better for that.
Activist like Ralph Nader also forced American businesses to stop ignoring safety. And road safety increased immeasurably. Governments jumped on the band wagon and produced regulations that industries were not keen on but were forced to accept. This was before the age of neo-liberalism that started in about 1980 and was juiced up under Donald Trump. Donald Trump never met a regulation he was not prepared to strip.
Eastern Europe has not gone through this revolution. It is still in the era of neo-liberalism where all government regulation is considered and unbearable shackle no matter how many benefits they deliver.
By now, in the west most people agree that governments are expected to impose reasonable standards of safety on businesses, even when the businesses howl in opposition. That is not the yet case in eastern Europe. In the west, usually, if a business or its practices lead to harm to others, they will be held responsible, unless their practices were reasonable and the harm was not reasonably foreseeable. Added to that, if the business practices are such that they cause harm to others which is reasonably foreseeable, they will be held responsible for that damage. The test is what would the reasonable person do in the circumstances of the business person. Would the reasonable business person avoid the risk or take it? If the reasonable person in the same situation would not take the risk, and harm occurs, the business person will he held responsible. Such standards have been imposed by courts (lawyers in other words) through the law of torts (civil wrongs). They are not usually imposed by criminal laws, but civil laws. The business owners get sued for the harms caused by their negligence or that of their employees. They must compensate the victims for their losses incurred or harms suffered from their actions. No one (except ideologues) think businesses should be able to do whatever they want.
In eastern Europe the restrictions on businesses are still pretty loose. Therefore, people get hurt unnecessarily. And that is what we saw on this trip. Over and over again.
Christiane was lucky that our cruise director was diligent in warning her about unsafe conditions for someone with her mobility challenges. Others were not so lucky. Or perhaps they ignored the warnings.
Out of 147 passengers on our ship, at least 6 of us got seriously hurt in about 12 days. That is too many, in my opinion.
Eastern Europe needs more lawyers!











