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Old 10-17-2011, 02:02 PM
 
7,871 posts, read 10,132,449 times
Reputation: 3241

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Quote:
Originally Posted by SoCalCroozer View Post
And my post sounds harsh but I dont know the person so I can be objective and rational about it. If it was my mom or relative I might feel differently but then I wouldn't be able to remain objective and rational probably either.
Courts have actual equations to generate a damages amount, based on the age and health of the person, earning potential, loss of consortium, etc.

As much as this terrible article makes it seem otherwise, these numbers are not necessarily just created arbitrarily by emotional jurors.

Jury instructions, FTW.

Don't believe what you read in op-ed pieces like this. The only way to know the real story is to review the record of the actual proceedings.
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Old 10-17-2011, 02:03 PM
 
56,988 posts, read 35,206,841 times
Reputation: 18824
Quote:
Originally Posted by Strel View Post
That's no accident, I'm sure. These cases are often and deliberately misrepresented.
Of course it is. It's just like the McDonald's coffee case. Anyone that actually reads the case would realize that the jury decision made perfect sense.

But that's NEVER how it seems to work. Easier to get Hannity to sum up the case for them...that way, they can make a better determination.
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Old 10-17-2011, 02:14 PM
 
Location: New Jersey
12,755 posts, read 9,649,482 times
Reputation: 13169
Quote:
Originally Posted by AONE View Post
well the lawyers will get $12million and the family $8M... not sure why Toy-R-Us is the target versus the maker... sucks pretty much all round.
They are the target because China is too far away and would laugh about this situation!

The only good thing I could possibly see coming as a result of the lawsuit is that retailers STOP BUYING STUFF MADE IN CHINA!!!!!!!
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Old 10-17-2011, 02:24 PM
 
2,409 posts, read 3,041,798 times
Reputation: 2033
Quote:
Originally Posted by desertdetroiter View Post
So your own life aint worth 20 million?

Wow. That's one hell of a revelation. So if you had a disease that took 20 million dollars to cure, and you had the money, you wouldn't pay for the cure?

Honestly no, my life isn't worth $20 million. First off I don't have that kind of money in the bank and if I did and I had a family and other people that the money could better help why would I blow it on some off chance that it might save my life? Unilke all the hypocritical Chistians and Catholics out there who do everything in their power to prolong life when they believe in heaven I'm not scared to die. Im not a Christian either. I'm not even a speck on this huge planet of life. That's exactly what I'm talking about. There are 7 billion people in this world what the hell makes you and I so special? That's my point. Americans represent 1% of the population but we consume 25% of the worlds resources. So I can most definitely understand your self absorbed attitude in thinking you are worth "20 million" when the rest of the world's population would be lucky to make 1/50th of that in their lifetime.
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Old 10-17-2011, 02:32 PM
 
Location: Sarasota FL
6,864 posts, read 12,080,222 times
Reputation: 6744
The 6"x12" top of my 6 foot ladder has a warning. 'Do not stand or sit'. Good thing that warning is there. I might have shown an act of stupidity by standing on it.
Childs pool toy doesn't have a big warning label 'Do not use head first. Not for use by adults. Not for use by those weighing over 100 pounds'. So it must be ok for an adult weighing over 100 pounds to go head first on it.
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Old 10-17-2011, 02:37 PM
 
Location: Morrisville
1,168 posts, read 2,504,570 times
Reputation: 1115
Quote:
Originally Posted by d4g4m View Post
The 6"x12" top of my 6 foot ladder has a warning. 'Do not stand or sit'. Good thing that warning is there. I might have shown an act of stupidity by standing on it.
Childs pool toy doesn't have a big warning label 'Do not use head first. Not for use by adults. Not for use by those weighing over 100 pounds'. So it must be ok for an adult weighing over 100 pounds to go head first on it.
Please tell me you're joking. I mean seriously, sarcasm doesn't translate well via the internet.
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Old 10-17-2011, 02:44 PM
 
20,187 posts, read 23,858,535 times
Reputation: 9283
Quote:
Originally Posted by Strel View Post
Wrong.

You should do your homework about Liebeck v. McDonalds and get the real facts...
Liebeck v. McDonald's Restaurants - Wikipedia, the free encyclopedia

Can you clarify what the "real facts" are? The poster said exactly what happened... she got burnt from the hot coffee that was in her lap, so I am not sure what other facts you are talking about... and it seems like it was her fault for opening the coffee lid and spilling it on herself...
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Old 10-17-2011, 03:26 PM
 
12,436 posts, read 11,950,438 times
Reputation: 3159
Quote:
Originally Posted by evilnewbie View Post
Liebeck v. McDonald's Restaurants - Wikipedia, the free encyclopedia

Can you clarify what the "real facts" are? The poster said exactly what happened... she got burnt from the hot coffee that was in her lap, so I am not sure what other facts you are talking about... and it seems like it was her fault for opening the coffee lid and spilling it on herself...
The important facts in that case were the facts that in order for McDonalds to make the same quality of coffee as competitors they have to scorch the beans. The reason behind this is the beans that McDonald's uses is a poorer quality and so they have to be heated to unsafe conditions. The knew the conditions were unsafe and they still continued to do it in the name of profit.

McDonalds risk management team had determined that there would be injuries but that the injuries would cost them less than it would cost them to use more expensive beans. They made an economic decision knowing that the scolding coffee would cause injuries. The damages were awarded to make sure that did not happen again.
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Old 10-17-2011, 03:40 PM
 
Location: Morrisville
1,168 posts, read 2,504,570 times
Reputation: 1115
Quote:
Originally Posted by hotair2 View Post
The important facts in that case were the facts that in order for McDonalds to make the same quality of coffee as competitors they have to scorch the beans. The reason behind this is the beans that McDonald's uses is a poorer quality and so they have to be heated to unsafe conditions. The knew the conditions were unsafe and they still continued to do it in the name of profit.

McDonalds risk management team had determined that there would be injuries but that the injuries would cost them less than it would cost them to use more expensive beans. They made an economic decision knowing that the scolding coffee would cause injuries. The damages were awarded to make sure that did not happen again.
Ahhh but the exact opposite happened and this case opened a "pandora's box" of frivilious lawsuits that brings us fll circle to the case in the op.

At some point common sense has to take over. While a warning label may not have been printed in bright read letters a person of normal intelligence would come to the conclusion that going head first down a toy designed for children maybe isn't such a hot idea. Plastic grocery bags don't have bright red warning labels on them but common sense would tell you that they aren't going to make a good halloween mask.

I have no sympathy for the actions of stupid people.
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Old 10-17-2011, 06:19 PM
 
56,988 posts, read 35,206,841 times
Reputation: 18824
Quote:
Originally Posted by BiggJoe4181 View Post
Ahhh but the exact opposite happened and this case opened a "pandora's box" of frivilious lawsuits that brings us fll circle to the case in the op.

At some point common sense has to take over. While a warning label may not have been printed in bright read letters a person of normal intelligence would come to the conclusion that going head first down a toy designed for children maybe isn't such a hot idea. Plastic grocery bags don't have bright red warning labels on them but common sense would tell you that they aren't going to make a good halloween mask.

I have no sympathy for the actions of stupid people.
That's nonsense. The McDonalds case didn't open a Pandora's Box of frivolous lawsuits. The whole thing about frivolous lawsuits is overblown as hell. That's just a bunch of crap conjured up by conservatives to give further protections to corporations at the expense of the public and consumers.
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