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Old 06-27-2006, 05:58 PM   #16
Trilby
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Maggie, you know as well as I that that 'release of liability' isn't worth the paper it's written on.
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Old 06-27-2006, 08:38 PM   #17
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Quote:
Originally Posted by Brianna
Maggie, you know as well as I that that 'release of liability' isn't worth the paper it's written on.
I know no such thing.

You seem to have a problem with contracts. How about instructions?
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Last edited by MaggieL; 06-27-2006 at 08:51 PM.
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Old 06-27-2006, 08:43 PM   #18
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There's eleven more pages of instructions. If you choose to ignore them, what excuse do you have for blaming the manufacturer? The device isn't defective.

I really would like to get to select my own risks, rather than have everything but the lowest common denominator unavailable because somebody too dumb to live needs to be protected from themselves.
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Old 06-27-2006, 08:48 PM   #19
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We have lost a lot of majorly cool things to the stupidity of the lowest common denominator.

*sigh* Like children's toys with small, easy to swallow parts. I loved my real Mr. Potato Head.
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Old 06-27-2006, 09:06 PM   #20
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Hey, if they didn't want us to eat the Mr. Potato Head pieces, then they shouldn't have made them so damned tasty! I still remember that little hat...

Delicious!
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Old 06-27-2006, 09:17 PM   #21
Trilby
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whatever.
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In Barrie's play and novel, the roles of fairies are brief: they are allies to the Lost Boys, the source of fairy dust and ...They are portrayed as dangerous, whimsical and extremely clever but quite hedonistic.

"Shall I give you a kiss?" Peter asked and, jerking an acorn button off his coat, solemnly presented it to her.
—James Barrie


Wimminfolk they be tricksy. - ZenGum
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Old 06-28-2006, 12:30 AM   #22
Ibby
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I have to side with Maggie on this one; the government/judicial system is not there to protect me from MYSELF. If I'm going to ride a big ol' piece of goddamned plastic twenty feet in the air, without safety equipment, then that's my problem, not the maker's.

Do they shut down gun companies because people shoot themselves with the guns sometimes?
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Old 06-28-2006, 12:43 AM   #23
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Quote -
"Never kite higher that you are willing to fall."

In my line of work, I've seen people die from a three foot fall (footfootfoot).
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We must all go through a rite of passage. It must be physical, it must be painful, and it must leave a mark.

I have no knowledge of the events which you are describing, and if I did have knowledge of them,
I would be unable to discuss them with you now or at any future period.



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Old 06-28-2006, 05:33 AM   #24
MaggieL
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Quote:
Originally Posted by Ibram
Do they shut down gun companies because people shoot themselves with the guns sometimes?
They certainly try.
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Old 06-28-2006, 08:25 AM   #25
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"But I read the instructions and ignored them. Doesn't that still make the manufacturer liable? After all, you can't expect *me* to be responsible."

Later, the same person would consume lighted cigarettes for breakfast, chase it with five quarts of bourbon, and take 12 sleeping pills...because they were really tired and needed lots of sleep, then sue RJ Reynolds, Jim Beam and Squibb.
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Old 06-28-2006, 08:32 AM   #26
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OK, so if you dig around on the website and find the owner's manual and hunt and poke around you can find other warnings about the thing. You had to go past all the descriptions about how wonderful the thing is in order to find those warnings. Most shoppers probably aren't going to poke around for that stuff, and the company knows it. The tube/kite is marketed as safe. There is no hint that it can kill you. What would motivate a potential buyer to look for warnings about it if there is no hint that it's dangerous?


Also, the manual may say that the product is to be used at a lower speed. At the link wolf posted, there are a few people who say the kite won't become airborne at those lower speeds. So you have a company that is marketing a kite tube that won't fly unless you are going around 30 MPH, but the liability lawyers are saying that you should only use it at 15-20 MPH. The company knows full well that people will go 30, and their lower speed recommendation is not sincere. It's simply an insincere attempt to CYA.
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Old 06-28-2006, 09:59 AM   #27
wolf
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Quote:
Originally Posted by Ibram
Do they shut down gun companies because people shoot themselves with the guns sometimes?
Since you're not in the US, you probably aren't aware of this ... they've been trying.

Lawsuits have been attempted against several gun manufacturers because criminals use their products in the commission of crimes.

I've never been clear on the logic of this one, because nobody has tried to sue Ford as being responsible for drunk driving accidents because they make the cars.
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Old 06-28-2006, 10:03 AM   #28
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They try, but they can't cause it's damn stupid.
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Old 06-28-2006, 10:26 AM   #29
wolf
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Ah, to be young and think the world works based on logic (Don't get me wrong, I love your idealism).

Stupid doesn't mean it won't eventually get past a judge who wants to screw the gun manufacturers.

overlawyered.com's gun page
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Old 06-28-2006, 10:32 AM   #30
Ibby
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Whoa, whoa, whoa. I personally think they should all get shut down. But I know they wont. One, maybe two miiiight, possssssibly, somehow, go down. But I know they wont.
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