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Originally Posted by glatt
I also think that some products are inherently dangerous and should be regulated. I have no idea where you stand on that. You seem to be saying nothing should be regulated, but I can't imagine anyone thinking that. So I'm curious about it.
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I think prohibiting the sale of something should be an
in extremis very last resort. I offered the example of selling arsenic-laden milk.
The routine CPSC classifying of stuff as "unreasonably dangerous" because some nitwit managed to hurt themselves with it is anathema to me. I don't think the world can be made safe for foolish or stupid people to be foolish or stupid in, and resent having rules imposed on me or the companies I may patronize that have that end in mind.
This kite gadget is a case in point. It has ways it's supposed to be used. Used in that way, it's reasonably safe. Used otherwise, it's potentially totally freaking dangerous. This is why the instructions set forward how to use it.
This should tell us that "dangerous" is not a property of the device. It's a property of the use.
Things (with the possibile exception of something like a bottle of nitroglycerine with a mercury fulminate cap) are not inherently dangerous...
Actions can be.
The problem with that realization is that it tells us that when something bad happens, it's because of the
use, and there's not much money to be made by suing
users, nor any particular satifaction in trying to push them around with CPSC regulations. There is, however, piles of money to be made by suing manufacturers, because they have vastly deeper pockets. And being big evil faceless corporations, it's fun (but mistaken) to believe taking money from them and giving it to trial lawyers (with a small split for the aformentioned foolish/stupid or their heirs) harms no one.
Perhaps you've noticed that the spammer who started this thread hasn't been back. I bet if you call the number he posted you'll eventually end up talking with a trial lawyer. Maybe even someone from the practice John Edwards used to work for...wouldn't *that* be a thrill. ;-)
As for "dodging issues", this thread is littered with questions I put to you that you ignored, so we're even on that score, Mr. "Just Curious".