The idea that you could sue for this is totally stranger to me.
The idea that you could sue for this is totally stranger to me.
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T h o m a s
In the US you can sue for almost anything. But most cases have no merit and never make it very far in the court system. But (some) lawyers will gladly take your money knowing it won't go anywhere.
The language on any bike product indicates that improper usage may result in "Serious injury or death". This exists to protect the manufacturer. It often includes language like "must be installed by qualified personnel". Since there is no accredited certification of qualification, I don't know who constitutes "qualified". Liability is an interesting topic and since consumer protection laws in the US aren't super strong the ability to sue is necessary at times.
Last edited by Saab2000; 06-12-2020 at 08:00 AM.
La Cheeserie!
Yep. As a society, we're litigious for sure, but I think there's more myth than fact regarding how far things get, or how much damage is awarded. Years ago, I was a jury foreman on a case involving a woman who cut off most of her hand using a metal lathe at work, and was suing the manufacturer of the machine. It was complicated, and I won't go into details here, but she got exactly zero dollars. And zero cents.
She was sympathetic, for sure. But, like I said, it was a complicated case. I'm sure most cases are.
The famous case of the scalding McDonalds coffee was complicated too. I've read some articles on it. The plaintiff was portrayed as just suing for money but there was in fact some merit in her case.
I've never been involved, and we're drifting off course, but I would guess that any case that actually makes it to a jury has some merit. It would seem that any case that is on thin ice or completely without merit will never make it to a judge, let alone a costly trial.
Most companies are lawyered up to deal with these things. At a previous employer I had a chat with a manager who said that company was sued on an almost daily basis by someone, usually with a completely contrived complaint. The law firm they employed dealt with these frivolous lawsuits, for a fee of course.
La Cheeserie!
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T h o m a s
I have a different point to make which goes to my old adage 'Watch what I do, not what I say'. So Trump who down plays the virus, wants to insulate his campaign from it until it magically disappears.
Some of you must die, so the economy can live. I am okay with this, but let's just be honest what the trade is.
There is also discussions in congress about blanket insulation for employees who get infected not being able to sue their employers for unsafe work conditions. (specifically this was driven by the slaughter houses)
If any corporate lawyers are on this forum working for a large corporation with an awards program, I bet the McDonald's conversation came up during the legal discussions of awards and liability.
Dyin' on Tulsa time
Dyin' on Tulsa time
Gonna set my watch back to it
'Cause you know I've been through it
Dyin' on Tulsa time
Regarding liability, for both for the individual attending and the organizer of an event right now.
The CDC's guidelines read:
- Stay at least 6 feet (about 2 arms’ length) from other people
- Do not gather in groups
- Stay out of crowded places and avoid mass gatherings
So if you deliberately ignore these guidelines you should bear the liability. And as far as who bears it first or more, I think an organizer is first in line. Especially if that organization is associated with the organization that made the rules that it's deliberately flouting. It's unbelievable, but not really. Just another day, an almost predictable escalation.
Time to apply 25 to 45.
Trod Harland, Pickle Expediter
Not everything that is faced can be changed, but nothing can be changed until it is faced. — James Baldwin
That disclaimer is some funny stuff right there, that is.
"If you want to come and rise up on your hind legs, beat your forepaws together and bray don't blame us if you get sick or die from the Democratic Hoax."
OK, I know, that wasn't fair and maybe an overstatement. Perhaps I should have stuck to HST: "When the going gets weird, the weird turn pro."
Tom Ambros
I can assure you that Donald, who can be charming, is not very bright either.
What I mean is that they have to be smart at some stuff as they got to where they are which both of them have longed for a good long time. That takes at least some sense/ perhaps intuitive about how to pull levers.
But their actions which put themselves (forget the others they endanger as they clearly don’t give a hoot about others) in danger are just mind bogglingly dumb. There has to be some reason/ feeling that makes them feel and act they way they do about this virus.
Just trying to figure out what possible view they could be seeing (I know it is crazy but I am just trying to understand why they are so eff’d up).
And then this from some email of the day....
QUOTE OF THE DAY
"It's as if three or four full Boeing 737s or Airbus A320s were crashing every day, killing everyone on board, in the US." — Dr. Stephen Thrasher, on the coronavirus, which the federal government and many states seem to have given up on trying to do anything about
« If I knew what I was doing, I’d be doing it right now »
-Jon Mandel
Except for this argument (which was better said by someone else so I am copying and pasting)....”The waiver illustrates two different conceptions of American freedom. The campaign would correctly argue that anyone who attends the rally — where masks and social distancing will be optional — knowingly assumes the risk of illness, and shouldn't be able to sue. If you're afraid of getting sick, don't go, and if you do get sick, you knew the risks. That is individual liberty at work: You know the risks and take your chances.
But what this view misses is that the risk isn't just to the rally-goers. It's also to the people they later share a restaurant table or store aisle with. Those people have signed no waiver, but have been unwillingly put at risk by a Trump rally just the same.
A broader conception of liberty doesn't focus on the right of the individual to do whatever they want, but rather on the framework of rules and responsibilities that allows all of us to be as free from harm and restraint as possible. Trump's rally fails that test. Rally-goers will be exercising their own individual freedom, but narrowing everyone else's, by endangering their lives, liberty, and happiness“
« If I knew what I was doing, I’d be doing it right now »
-Jon Mandel
right on the heels of record number of new cases, we're now allowing 75% capacity in restaurants. #thumbsup .
-Dustin
This is something I’ve been wondering about. I know on paper that police department budgets increased, but I also know that police departments have been forced to shrink their training programs and move more training to on-the-job. This was part of a previous case involving a police shooting in a dark hallway in one of the projects in NYC. Did the two cops together have enough experience to be in that situation together as partners.
To Thomas’ point above and the concept of defund the police....a friend sent me this but he didn’t attribute it so neither can I but worth sharing here...
IMG_0343.jpg
« If I knew what I was doing, I’d be doing it right now »
-Jon Mandel
ACADEMY PHYSICAL TRAINING PROGRAM | Join LAPD
If you are selected for the LAPD, you will be sent to the world famous LAPD Academy for six months of training. Training is rigorous, demanding and exhausting.
The LAPD Police Academy Curriculum:
Academics
Encompasses arrest and booking procedures, preliminary investigation techniques, radio and communications, report writing, traffic investigation, and traffic enforcement.
Driving
Includes the Emergency Vehicle Operations Course, which covers defensive driving, pursuit policy, and safe vehicle handling.
Firearms Training
Includes weapon care and safety, marksmanship, tactical manipulation with the sidearm and shotgun, and chemical agents handling (Police candidates are strongly discouraged from seeking firearms instruction prior to entering the Police Academy. Poor marksmanship habits may be developed that are difficult or impossible to overcome.).
Human Relations
Includes cultural sensitivity training, sexual harassment issues, media relations, stress management, disability awareness, community relations, tactical communications, hate crimes, missing persons, and domestic violence.
Law
Covers search and seizure, evidence, laws of arrest, crimes against persons and property, sex crimes, crimes against children, and other general criminal statutes falling under the California Penal Code, Los Angeles Municipal Code, Welfare and Institutions Code, and Federal Laws.
Physical Training
Builds strength and endurance through physical conditioning while promoting a positive attitude toward a fitness lifestyle. It also encompasses training in physical arrest techniques, controls, and weaponless defense.
Tactics
Covers patrol techniques and procedures, crimes in progress, building searches, vehicle stops, use of deadly force, and shooting policy.
LAPD Specific Training
Includes Advanced Tactical Training, Mobile Field Force Tactics, Patrol Ride-Along, Mobile Digital Computer (in-car computer) Training, Alcohol Abuse, Administration of Discipline, Cultural Diversity, K-9 Operations, Air Support Operations, Bomb Squad, Community Policing and Problem Solving, Spanish Language, Civil Liabilities, and Sexual Harassment Training.
Danny Kahneman: Stephen, hold my beer.
Thinking, Fast and Slow - Wikipedia
EPOst hoc ergo propter hoc
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