Insane Legal System - was SR22 Crash

"Steve Foley" wrote

Usually. My wife still yells as the tears stream down my cheeks.

That made me laugh as I immediately thought about how many times I've done
the same thing. But, rather than sue I just usually drink more beer.

BDS

"BDS" wrote:
"Steve Foley" wrote

Usually. My wife still yells as the tears stream down my cheeks.

That made me laugh as I immediately thought about how many times I've
done the same thing. But, rather than sue I just usually drink more
beer.

Agreed - more beer is the proper solution in this instance.

However, if they put anchovies on the pizza then a lawsuit is clearly
justified.

"Nomen Nescio" wrote in message
...
-----BEGIN PGP SIGNED MESSAGE-----

From: Dylan Smith

My favorite warning label is on a set of fairy lights. "For indoor or
outdoor use only", it says :-)

My cat has hypertrophic cardiomyopathy and needs to take
Diltiazem once a day. We get the prescription filled at the local
pharmacy. The label has his name on it and identifies him as a
"cat". On the side of the vial is a sticker "Use caution when driving
or operating heavy machinery".

Needless to say, I keep a close eye on him when he's driving
the bulldozer.

But do you make sure he's always on a leash?

Jose wrote:
You should assume the worst case when dealing with things that can
harm you, whether than be hot coffee, a gun or a car.

The standard is a reasonable person, not a paranoid person. Should I
treat a baby bottle as if it were filled with poison (because it =could=
be?)

I would never give my kids a bottle if I hadn't filled it myself or knew
who had filled it. Exercising reasonable caution and common sense isn't
even close to being paranoid. I can tell that you don't know the
difference.

Matt

BDS wrote:
"Steve Foley" wrote

Usually. My wife still yells as the tears stream down my cheeks.

That made me laugh as I immediately thought about how many times I've done
the same thing. But, rather than sue I just usually drink more beer.

Just think of all the money you have forgone!

Matt

Stefan wrote:
Dylan Smith schrieb:
My favorite warning label is on a set of fairy lights. "For indoor or
outdoor use only", it says :-)

Some glider Pilots in Germany elect each year the "outlanding champ"
(freely translated from German). The logo for the "competition" is this:
http://www.segelflug.de/images/2004/...ewiese2004.gif

Somebody suggested to enhance the logo just in case an American would
participate: http://www.segelflug.de/images/2004/...ewiese2004.gif

Of course this was a joke, but it nevertheless shows what Europeans think.

The sad part is that this isn't much of a joke any longer. This is
pretty much reality in the states. I have bought power tools that came
with two full pages of warnings in the instructions! Most of which a 5
year-old with half a brain would already know.


Matt

"Jose" wrote in message
t...

Care to state what you believe is wrong with the one I made? No analogy
is perfect, nor is it proof, but this one is adequate to illustrate the
point.


A proper analogy compares similar situations. Your analogy compares
dissimilar situations.



The contention is that the product was =not= properly prepared. I think I
agree.


Yes, the contention is McDonalds coffee was unusually hot at 180 degrees.
The National Coffee Association advises coffee be brewed between 195-205
degrees for "optimal extraction" and then consumed immediately. If it's not
consumed immediately, the coffee should be maintained at 180-185 degrees.
Other major national coffee vendors such as Starbucks, Dunkin' Donuts,
Burger King, and Wendys serve their coffee at similar or higher temperatures
than McDonalds. Household coffee makers reach similar temperatures. My
own coffee maker produces coffee in a thermal carafe, no hot plate. Half an
hour after brewing began I poured a cup and checked the temperature with a
meat thermometer. It was just a needle width below 180 degrees.

I think I disagree with the contention.



Maybe. If the case is that somebody rents a Chevette from Avis, and when
he drives it off the lot, he zooms out into traffic, crashing into six
cars before finally coming to a stop, upside down and on fire, and further
investigation shows that Avis replaced the Chevette's engine with a 400 HP
muscle car motor and a hair trigger accelerator because their customers
"liked to go fast", it could reasonably be argued that the response of the
rented vehicle did not match the expectations of a reasonable person.

"It's a car. Press on the accelerator, it goes. Duh"


Another bad analogy. The McDonalds coffee case did not involve any product
failure, no lawfully mandated or reasonably accepted standard was exceeded



Well, no. It's "too hot".


Says who?

A proper analogy compares similar situations. Your analogy compares
dissimilar situations.

This is not a useful statement.

A proper analogy compares similar but =non-identical= situations. To
the extent that situations are not identical, they are dissimilar. What
part of the dissimilarity invalidates the analogy?

Yes, the contention is McDonalds coffee was unusually hot at 180 degrees.
The National Coffee Association advises coffee be brewed between 195-205
degrees for "optimal extraction" and then consumed immediately. If it's not
consumed immediately, the coffee should be maintained at 180-185 degrees.
Other major national coffee vendors such as Starbucks, Dunkin' Donuts,
Burger King, and Wendys serve their coffee at similar or higher temperatures
than McDonalds. Household coffee makers reach similar temperatures. My
own coffee maker produces coffee in a thermal carafe, no hot plate. Half an
hour after brewing began I poured a cup and checked the temperature with a
meat thermometer. It was just a needle width below 180 degrees.

I think I disagree with the contention.

I don't do coffee, so I'll take your word for it. The court's
contention (IIRC) is that coffee is typically =served= at 140 degrees.
What is the temperature of your coffee when you begin to drink it? What
about when you are at the bottom of the cup?

Another bad analogy. The McDonalds coffee case did not involve any product
failure, no lawfully mandated or reasonably accepted standard was exceeded

My car case did not involve a product failure either - it was a failure
of the driver to properly drive a properly modified car. It looked like
a chevette, but it was a properly made muscle car, which demands more
attention than a chevette driver might initially give it.

As to the exceeding of "reasonable standards", as above, we disagree on
whether the standards were reasonable.

If I'm at a hotel, step into a hot shower and get pelted with 180 degree
water, someone's going to hear about it.

Jose
--
Humans are pack animals. Above all things, they have a deep need to
follow something, be it a leader, a creed, or a mob. Whosoever fully
understands this holds the world in his hands.
for Email, make the obvious change in the address.

In article ,
Jose wrote:

If I'm at a hotel, step into a hot shower and get pelted with 180 degree
water, someone's going to hear about it.

And that someone will likely (and should) ignore your complaint if you didn't
bother to check the water temp BEFORE stepping in.

--
Bob Noel
(gave up lookingn for a particular sig the lawyer will)

Jose wrote:

If I'm at a hotel, step into a hot shower and get pelted with 180 degree
water, someone's going to hear about it.

Hopefully your mother will hear about it so she can slap you for being
so stupid as to step into water before you've tested the temperature.

Matt