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Re: [curt] Possible legal action against CCH Inc.:
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fredbob
Jun 20, 2007, 8:15 PM
Views: 9296
Registered: Mar 7, 2003
Posts: 455
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curt wrote: dingus wrote: Yall make noises like Yvon Chouinard never got sued and had to divest himself of Black Diamond or risk losing his empire. But other than that yall damn sure make a lot of knowledgable noises! Very impressive. DMT I think we were discussing the relative merits of an action against CCH, as opposed to whether or not anyone can sue anyone else for any reason whatsoever. Clearly, the latter is well established. Curt
I am hesitant to step into this swamp of misinformation. But, I include the above quotes because Curt's comments are correct and on the point. Dingus' demonstrate the commonly held misunderstanding of the actual dynamic of what transpired with Chouinard Equipment (and how the current CCH problem is significantly different).
I have served as defense counsel in climbing related products liability cases, including one involving Chouinard Equipment (I represented a retailer).
Any case against CCH would involve not only theories of negligence, but those of products liablility (which include strict liability for defective products sold to the public).
While it is unfortunate that legal action may be taken against CCH (and without a doubt against the retailers who happen to sell the cams in question), it would appear a case against CHH would be premised on failures of cams during normal use and lack of proper Quality Control.
While it is true that climbing is dangerous, most climbers take great pains to mitigate that risk. One of the best means of moderating risk of death or injury in a fall is to use protection and a rope. Protection and ropes are specialized climbing tools, without which most of the readers of this thread would not even participate in climbing.
These tools require proper training to use correctly and misuse can -- in certain circumstances -- be a defense to a products liability lawsuit. But when used correctly, within the prescribed perameters of its design, there is little legal excuse for it to fail.
Unfortunately, the ramifications of litigation over CCH cams extend further than just CCH. Retailers who sold the cams are also liable. The result will mean that smaller or start up climbing companies will find entry to the retail market more difficult and more expensive. On the other hand, perhaps the stringent manufacturing and quality control standards seen in companies such as Black Diamond will become so universal that we all will benefit from better and more reliable equipment.
(This post was edited by fredbob on Jun 20, 2007, 8:20 PM)
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Post edited by fredbob
() on Jun 20, 2007, 8:20 PM
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