|
|
Forums:
Climbing Disciplines:
Trad Climbing:
Re: [wjca] Possible legal action against CCH Inc.:
Edit Log
|
|
wjca
Jun 22, 2007, 3:33 PM
Views: 4205
Registered: Jan 27, 2005
Posts: 7545
|
I've only read about half of this thread, but have come to the conclusion that there are alot of people in here that don't know shit about tort law or law in general. Any lawsuit that arises from this will have nothing to do with negligence. It will be a products liability case. It matters not whether CCH knew or should have known their product didn't work properly. The only thing that matters is they manufactured a defective product, someone who reasonably would have been expected to use that product used it according to its intended purpose, the product failed to work properly because it was defective, and the person was injured. That's it. End of story.
Products liability law exists to create the incentive not to produce a defective product, which as a result of such defect, could reasonably be expected to cause harm to the end user.
Now, here is the kicker is products liability law. Not only is the manufacturer liable for manufacturing a defective product, but so to is REI or MGear or whoever the retailer was just for selling the defective product. It does not matter if the retailer knew or should have know it was defective. That is why REI and MGear yanked the shitty gear off their shelves the minute they found out it was defective. Paul Fish is not a dummy.
And for everyone criticizing lawyers, think about this. Laywers are people just like you trying to make a living and feed their families. It is the society that seeks to avoid any and all personal liability for their actions that seek out attorneys as their hired guns. That is all lawyers are; hired guns that know the legal system and how to exist within it. The guy advertising for anyone injured is just trying to feed his family. He knows of CCH's defective product and has come up with a marketing strategy to become a part of it. If no one approaches him, he'll find some other way to feed his family. The only way CCH gets sued is if someone who was injured by their defective products retains a hired gun to help them recover damages. The lawyer is not to blame. He is only a cog in a greater process.
Edited to add: This is not legal advice. You are not my client. Do not rely on anything I've said. If you do, you're an idiot. Get your own damn attorney and pay him the money he earns so he can pay his mortgage and by formula for his baby.
(This post was edited by wjca on Jun 22, 2007, 3:36 PM)
|
|
|
Edit Log:
|
|
Post edited by wjca
() on Jun 22, 2007, 3:36 PM
|
|
|
|
|
|
