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sausalito


Jun 21, 2007, 3:23 AM
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for all the people making the ridiculous argument that since climbing is dangerous nobody should sue for anything... well your logic is horribly flawed.

I wont piece by piece destroy your argument but I will give you this example. Cars are dangerous. So you get in your car, turn the key and start driving.... you are going 70mph and the wheels fall off the car flips and you are now in a wheel chair.

Would anyone in their right mind argue that since driving a car is dangerous you shouldnt be able to sue? Probably not.

Same example could be made for airplanes, guns and so on. Companies are making money because they are selling a product that is suppose to serve a specific purpose. If it fails in doing that and someone is hurt that company, in my mind, should have to pay for it or at the very least should have to go to court and explain why they should not pay for the damages.

Better yet what if you doctor said that heart surgery waas dangerous. Your preceded to go through with the surgery and they left a tool in you that in turn caused a horrific infection that left you severely disabled. Would you still agree that hey life is dangerous bro...? The answer is no and that argument should compeltely cease because it defies sense.

Sure you should check your stuff out and take only the risks you are comfortable with but at the same time there are standards that should be adhered to in all types of products and services....


sky7high


Jun 21, 2007, 4:17 AM
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What we're all forgetting here, is that there is another way of bringing CCH to its knees if we really mind to. If nobody buys CCH gear, then the company will have no income and thus will end broke. This is by far more difficult to do than suing, but of course is much more effective. If CCH gains a bad reputation (and I trust it already has), and people stop buying their gear, then nobody will need to sue anyone.
As for me, I don't trust CCH, and will never trust it unless it does something really extraordinary.

I think that suing would be a very bad choice, because as many have said, it will affect the climbing community as a whole, not only CCH. What happens if the owner of the crag where the cam failed has problems because of this lawsuit? He will close the crag to climbing, and many others will probably follow. That's just one of all the possible negative side-effects that a strong lawsuit against any climbing company.

Besides, I don't think there's a reason to sue at all, as many have said climbing is dangerous, and people are responsable for their decisions. Even in the case mentioned above, there shouldn't be a lawsuit. I believe that these types of lawsuits should NOT EXIST Why? because life is dangerous, it'll always be DEAL WITH IT. and in any case, whether it is climbing, driving, sleeping or juggling explosives, YOU are responsable for your decisions, you are responsible for yourself!


patto


Jun 21, 2007, 4:29 AM
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jt512 wrote:
patto wrote:
However I don't know why I am arguing this because a normal distribution is NOT a good distribution for this sort of discussion. For starters it has infinite tails which obviously would behave well as breaking strength have a minimum of 0.

I think the normal distribution is still a viable model for the example being discussed. The hypothetical distribution had a mean of 11.5 and a std dev of 0.5. For all practical purposes, the whole normal distribution lies between -6 and +6 SDs. -6 SD in this case is 8.5 >> 0, the absolute limit of the breaking strength, so a normal distribution is still a viable model.

Jay

I agree. I don't see an issue with 3 sigma rating. :)

What I meant was there is little relevence in extending this to a 1kN breaking load and then talking about a SD of 11, like I have been doing in my response.


nivlac


Jun 21, 2007, 5:32 AM
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Re: [sausalito] Possible legal action against CCH Inc. [In reply to]
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sausalito wrote:
for all the people making the ridiculous argument that since climbing is dangerous nobody should sue for anything... well your logic is horribly flawed.

I wont piece by piece destroy your argument but I will give you this example. Cars are dangerous. So you get in your car, turn the key and start driving.... you are going 70mph and the wheels fall off the car flips and you are now in a wheel chair.

Would anyone in their right mind argue that since driving a car is dangerous you shouldnt be able to sue? Probably not.

Same example could be made for airplanes, guns and so on. Companies are making money because they are selling a product that is suppose to serve a specific purpose. If it fails in doing that and someone is hurt that company, in my mind, should have to pay for it or at the very least should have to go to court and explain why they should not pay for the damages.

Better yet what if you doctor said that heart surgery waas dangerous. Your preceded to go through with the surgery and they left a tool in you that in turn caused a horrific infection that left you severely disabled. Would you still agree that hey life is dangerous bro...? The answer is no and that argument should compeltely cease because it defies sense.

Sure you should check your stuff out and take only the risks you are comfortable with but at the same time there are standards that should be adhered to in all types of products and services....

Well, that's fair. But you also have to worry about the proclivity of people to sue at the slightest wrong. Everyone here seems to agree that if CCH was negligent, they deserve to be sued. What if it was a little more gray and not so black and white? Lawsuits are notoriously difficult to assess, even with all the facts, and I guarantee noone has all the facts unless CCH is willing to pipe in on this thread.

People do seem to have a ridiculous sense of entitlement when it comes to lawsuits, and you have to wonder at that. I think that's what's coming through on some of the rants about lawyers, lawsuits and the like. While it's easy to say someone deserves to be sued, my guess is it's almost never that clear. Companies and individual defendants settle all the time because going to trial is too expensive, not because they did or didn't do something wrong. Our legal system is definitely one (or several) huge clusterfu$k on many levels.


quiteatingmysteak


Jun 21, 2007, 7:16 AM
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I spoke too soon, I think, and offended some people : / for that I apologize.


I stand by my opinions, however I must say that there are too many deviations in this argument to truly figure out what is going on behind the curtains. I'll leave that for the case.


medicus


Jun 21, 2007, 7:51 AM
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sky7high wrote:
Besides, I don't think there's a reason to sue at all, as many have said climbing is dangerous, and people are responsable for their decisions. Even in the case mentioned above, there shouldn't be a lawsuit. I believe that these types of lawsuits should NOT EXIST Why? because life is dangerous, it'll always be DEAL WITH IT. and in any case, whether it is climbing, driving, sleeping or juggling explosives, YOU are responsable for your decisions, you are responsible for yourself!

I highly doubt you would hold true to that argument that these types of lawsuits should not exist if someone screwed you over when there was no way you could prevent it from happening. If someone severly attacked you while you were sleeping, I'm sure you would feel entitled to compensation for medical bills, and if for some bizarre reason you didn't, I'm sure you would still feel that the attacker should spend a certain amount of his/her time behind bars... even though somehow you currently claim that you would be alright with it because life is inherently dangerous and you are fully responsible for yourself in all situations.


sausalito


Jun 21, 2007, 12:04 PM
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okay. I never forgot about not buying CCH stuff. I already partake in that and have for quite a while. I completely disagree with the access assessment. There are laws that protect landowners against lawsuits stemming from wilfull recreation on their land. If a gun malfunctions, and that is what I am talking about here (MALFUNCTIONS), then people do not sue the land owners where they are hunting....

that line of thought doesnt make sense. And as an RN I can tell you that if it were your loved one that just died because of someone not doing their job I think you would have a different tune.


reg


Jun 21, 2007, 12:07 PM
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Re: [medicus] Possible legal action against CCH Inc. [In reply to]
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medicus wrote:
sky7high wrote:
Besides, I don't think there's a reason to sue at all, as many have said climbing is dangerous, and people are responsable for their decisions. Even in the case mentioned above, there shouldn't be a lawsuit. I believe that these types of lawsuits should NOT EXIST Why? because life is dangerous, it'll always be DEAL WITH IT. and in any case, whether it is climbing, driving, sleeping or juggling explosives, YOU are responsable for your decisions, you are responsible for yourself!

I highly doubt you would hold true to that argument that these types of lawsuits should not exist if someone screwed you over when there was no way you could prevent it from happening. If someone severly attacked you while you were sleeping, I'm sure you would feel entitled to compensation for medical bills, and if for some bizarre reason you didn't, I'm sure you would still feel that the attacker should spend a certain amount of his/her time behind bars... even though somehow you currently claim that you would be alright with it because life is inherently dangerous and you are fully responsible for yourself in all situations.

it's been said before: it's about neglegence - i don't care how many waivers you sign or warnings or "we are not responsible" statements you see - if they (whomever) failed to produce the product within the spec's that govern production (CE, etc), or failed to test the products or in some other way F__KED UP, they very well may be liable for pain and suffering awards, damages, etc. - remember anyone can sue anyone for anything - it's juries that award outragous sums of money for silly things like hot coffee spilling in ones lap.


Partner j_ung


Jun 21, 2007, 12:43 PM
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quiteatingmysteak wrote:
medicus wrote:
would it not benefit the climbing community to have CCH forced to make quality goods that aren't going to hurt climbers?
If the companies gear becomes a much higher quality product because of the lawsuit, or if faulty equipment is no longer sold, I'll consider myself a dickhead because I as sure as hell have benefited from a product that could have killed me becoming an actual life saving device.
In that regard, anyone who trad climbs is a dickhead, and anyone who knows of someone who trad climbs is a dickhead because all those involved with climbing would benefit from a better product.


Again i would refer you to earlier posts -- CCH posted a recall, and I can only assume that the break has happened to recalled aliens. you can check the supertopo forum for actual stress tests if you want to know, but to be real honest some gear isn't good. A company with a bad reputation won't have dealers that sell their product, and the public won't be buying it. Holding people to standards by means of litigation is the wrong way about it in my opinion.


To help gather my broken sentances, ill present you with a scenario. Joe buys 3 cams from Black Diamond off of Ebay. The cams break, Joe is paralyzed. Who does Joe sue? We have no way to tell the origins of the Aliens as was read in the report posted. He may have found them on the ground for all we know, at the bottom of the Zodiac.

Just playing Devils advocate there, but you have to consider these things before weighing in whether something needs a lawyer to piss on everyones fun Tongue

If we were talking about, say, a failed cam sling, I'd go along with this. But considering the typical failure mode of Aliens, I have to disagree. I have trouble imaging a scenario of over or misuse that would cause we've been seeing in exactly the way we've been seeing it.

The simple truth is that Aliens are suspect unless tested individually, in controlled circumstances, in a drop tower, by somebody more competent than CCH. Trust any other Alien at your own risk.

If this does become a court case, I think the best defense (which won't work anyway) will be to say, "Hey, with all shit that went down previously, why on Earth did you trust CCH's word in the first place?"


markc


Jun 21, 2007, 1:43 PM
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sky7high wrote:
What we're all forgetting here, is that there is another way of bringing CCH to its knees if we really mind to. If nobody buys CCH gear, then the company will have no income and thus will end broke. This is by far more difficult to do than suing, but of course is much more effective. If CCH gains a bad reputation (and I trust it already has), and people stop buying their gear, then nobody will need to sue anyone.

In general terms, how does putting the offending company out of business help an injured party with medical expenses or a lengthy recovery? Unless the company voluntarily agrees to compensate them, there's little recourse aside from suing. I don't like frivolous lawsuits more than the next guy, but there are obviously circumstances where suits are justified.

sky7high wrote:
Besides, I don't think there's a reason to sue at all, as many have said climbing is dangerous, and people are responsable for their decisions. Even in the case mentioned above, there shouldn't be a lawsuit. I believe that these types of lawsuits should NOT EXIST Why? because life is dangerous, it'll always be DEAL WITH IT. and in any case, whether it is climbing, driving, sleeping or juggling explosives, YOU are responsable for your decisions, you are responsible for yourself!

That argument has been made and repeatedly refuted. The climber was taking responsibility for his decisions by utilizing climbing protection rated to a much higher force than it was subjected to. In repeated instances, Aliens haven't performed to their specifications. If your seatbelt failed in a crash, would you chalk it up to the risks of driving or would you want to know why? If there is a defect with a piece of your electronic equipment that causes a fire, is that just another acceptable risk?


bobruef


Jun 21, 2007, 3:21 PM
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j_ung wrote:
...If this does become a court case, I think the best defense (which won't work anyway) will be to say, "Hey, with all shit that went down previously, why on Earth did you trust CCH's word in the first place?"

All questions of legal feasability asside, while that argument for consumer responsibility certainly applies to you and I, an astonishingly large ammount of people I've talked to are completely uninformed about any of the trouble with CCH. And very few people I've talked to outside of this site are aware of anything beyond the dimpled cam recall. Even reading a lot of repies here to threads like this, it seems many are completely unaware of the # of faulty cams that have been put out recently (quiteatingmysteak, for example). Even by conservative estimates, it would not be a stretch to say that a very sizable chunk of the climbing community is completely unaware of anything beyond the dimpled cams.

Also, regarding other posts in this thread, it bears mentioning that "11 bad cams nuber" includes misdrilled cams (w/ the faulty range, etc.. that were never recalled or propperly adressed) as one failure. If we were to assume that tradrenn and Iamthewalruss were the only two consumers affected by this (which would be obviously untrue), then the # of crap cams is 12.


dynoho


Jun 21, 2007, 3:51 PM
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reg wrote:
- it's juries that award outragous sums of money for silly things like hot coffee spilling in ones lap.

Did you even read the thread? The lady was awarded actual damages and punitive damages. The amounts don't even begin to punish a corp like McDonalds. The real reason they served coffee at that temperature was because they got better yields not flavor; more cups for the same amount of grounds. They recovered that loss in a few hours of business.


boku


Jun 21, 2007, 3:52 PM
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j_ung wrote:
...The simple truth is that Aliens are suspect unless tested individually, in controlled circumstances, in a drop tower, by somebody more competent than CCH...

I disagree with that in a minor way: From the failure modes so far observed, I believe that the dynamic properties of the device are not in question. I believe that static testing should be adequate to tell good Aliens from bad ones.

If the problems related to fatigue failures or to cam lobes slipping or skipping or other jitters, then I'd agree that dynamic testing is called for. But so far all of the known failures seem to relate to simple overload of either the cable-to-head joint or the stem loop swage. That being the case, I don't think that a slow controlled pull will show any different result than a fast dynamic pull. I think that all that matters here is the maximum tension applied to the stem.

Which of course raises the question, why couldn't the static testing done by CCH tell them apart? Unfortunately, I don't have a good answer for that, only speculation. And there's been plenty of that already.

Bob "BoKu" K.


highangle


Jun 21, 2007, 4:13 PM
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"bobruef wrote:
... an astonishingly large ammount of people I've talked to are completely uninformed about any of the trouble with CCH. And very few people I've talked to outside of this site are aware of anything beyond the dimpled cam recall.

As distasteful as legal action against CCH might be to many people here (including myself), bobruef hits a VERY important issue here.

Out of the total climbing population that has purchased aliens, how many actually pay attention to sites such as RC/Supertopo/etc? A majority? Certainly not 100%. And many of those people that are climbing on aliens manufactured during the recalled period and after may be doing so in ignorance of the problems.

Does CCH have any statistics (doubtful) of the number of dimpled cams sold vs. number returned? This ratio could indicate roughly how pervasive the recall was in the climbing community.

A suit should bring much greater publicity to the faulty aliens and protect the unknowing climber that still thinks his dimpled aliens are bomber.


roy_hinkley_jr


Jun 21, 2007, 4:21 PM
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First off, it's standard practice for law firms to place ads like that on their web sites whenever there is a CSPC recall. They're just fishing for clients and the odds of this becoming a lawsuit are slim to none.

highangle wrote:
\A suit should bring much greater publicity to the faulty aliens and protect the unknowing climber that still thinks his dimpled aliens are bomber.

More than likely, it would be settled out of court with non-disclosure terms so the climbing public is even less likely to hear of any problems. Ultimately, it's up to the insurance company whether to settle or not. That's why few people have heard about the lawsuits against BD, Petzl, etc. over the years.


bobruef


Jun 21, 2007, 4:22 PM
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highangle wrote:
Out of the total climbing population that has purchased aliens, how many actually pay attention to sites such as RC/Supertopo/etc? A majority? Certainly not 100%. And many of those people that are climbing on aliens manufactured during the recalled period and after may be doing so in ignorance of the problems.

And even among those who frequent those sites, how often do they log in? It seems few, even amongst the regulars on here, are fully aware of the extent of the Alien problem.


dingus


Jun 21, 2007, 4:25 PM
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When climbing became a mainstream activity it is following in some big footsteps, like skiing. Plenty of lawsuits around skiing and equip mfg. $$$$ make the world go round.

As a half underground sport you sort of expect jingus gear and garage made stuff.

But as a mainstream sport? Shit has to work, as advertised. That is just the way it is.

Do yall think there will be more or less climbing gyms in 20 years? I have no clue but I suspect there will be far less as the next generation comes into its own.

I think climbing is peeking right about now.

DMT


iamthewallress


Jun 21, 2007, 4:44 PM
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dingus wrote:
Do yall think there will be more or less climbing gyms in 20 years? I have no clue but I suspect there will be far less as the next generation comes into its own.

I think climbing is peeking right about now.

DMT

Why do you think that?

Do you think it will become passe like jazzercize and bungee jumping? Or do you think that the gyms will have too much liability?


highangle


Jun 21, 2007, 4:52 PM
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Yes, it probably will be settled out of court, so many suits are. Even if the settlement contains non-disclosure terms, the 'buzz' about aliens should increase in the climbing community. Particularly if the insurance company pays enough that they refuse to renew their coverage for CCH. Doubtful that they will be able to pick up another carrier.

This is really two-sided coin. Companies will be reminded of their responsibility, they and insurance companies (through oversight and underwriting) will be much more careful about manufacturing and q/c processes. Many of them don't need this (BD, Trango), but some of the upstart companies that have a good product that is made out of their garage (hopefully) will be reminded of the heavy responsibility they hold to protect climbers.

The thing that I really dislike about all of this, is that aliens are such a great product and represented to me a great "independent" design and manufacturing company that brought an innovative product to the masses. The increased insurance costs, perceived liabilities, and reluctance to get sued for other mom & pop companies that want to bring innovation to the market may mean that a good idea will be less likely to be put in production for the wider community......


iamthewallress


Jun 21, 2007, 5:05 PM
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highangle wrote:
The thing that I really dislike about all of this, is that aliens are such a great product and represented to me a great "independent" design and manufacturing company that brought an innovative product to the masses.

If you were having surgery would you want the equipment that your surgeon was using to come from garage inventor with a brilliant independent spirit who decided to carry his idea all the way through to production and distribution? Or, would you prefer that the equipment came into being from such a great idea but was actually manufactured and tested in a way that was appropriate to it's potential life-saving or life-taking use?

I like the idea of the independent person who turns their idea into product. A friend of mine had this great idea for a dog toy that they independently distributed and marketed. It makes me believe in the old fashioned american dream. But there is a time and a place for doing it all yourself. My friend even realized that the dog toys would be better (and more profitable) if he got plastics manufacturing experts to make them.


highangle


Jun 21, 2007, 5:22 PM
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iamthewallress wrote:

...Or, would you prefer that the equipment came into being from such a great idea but was actually manufactured and tested in a way that was appropriate to it's potential life-saving or life-taking use?

No debate there. If CCH HAD used appropriate manufacturing and testing procedures, we wouldn't be having this discussion. And yes, if there was revolutionary equipment that I could choose to use for surgery, I would, after proper research into it's certification, manufacture and track record.

CCH IS certified!!!

Ford/Firestone certainly are mainstream companies (and I disagree with much of the result of that episode), but they had problems. Just because they are a big company does not make them immune to manufacturing problems.

A smaller company with a single production line should have a better handle on their process than a larger company that farms work out. Clearly, CCH attempted to distribute a part of the manufacturing to another entity, and failed to tighten their Q/C methods to ensure that what was done outside of their supervision was still within the strict tolerances necessary for personal protection equipment.

(edited to finish the thought so rudely interrupted by actual work!)


(This post was edited by highangle on Jun 21, 2007, 7:37 PM)


medicus


Jun 21, 2007, 5:47 PM
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boku wrote:
Which of course raises the question, why couldn't the static testing done by CCH tell them apart? Unfortunately, I don't have a good answer for that, only speculation. And there's been plenty of that already.

Bob "BoKu" K.

...because they are incompetent, which is what you previously disagreed with. As in, CCH has QC issues so their testing can't be trusted because they eff stuff up way too frequently, which is why j_ung has said that aliens need to be tested by someone more competent than CCH. That's not speculation, that's just observing all the QC issues that CCH has, and actually realizing that if they have had such QC issues, than the integrity of their testing every single cam properly can't be trusted.


medicus


Jun 21, 2007, 5:49 PM
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highangle wrote:
Ford/Firestone certainly are mainstream companies (and I disagree with much of the result of that episode), but they had problems. Just because they

because they...?
Lol did you get sidetracked there? Tongue


papounet


Jun 21, 2007, 5:52 PM
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dingus wrote:

I think climbing is peeking right about now.

DMT

I thought it was a good one till I noticed the spelling.

Wink

Then I laughed even more


(This post was edited by papounet on Jun 21, 2007, 6:08 PM)


papounet


Jun 21, 2007, 6:05 PM
Post #125 of 170 (4209 views)
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Registered: May 28, 2003
Posts: 471

Re: [boku] Possible legal action against CCH Inc. [In reply to]
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boku wrote:

I disagree with that in a minor way: From the failure modes so far observed, I believe that the dynamic properties of the device are not in question. I believe that static testing should be adequate to tell good Aliens from bad ones.

Bob "BoKu" K.

It is possible to go beyond "I believe" as Black Diamond explains in a document available on the web why although dynamic and static testing are not the same, they are close enough that once development is done, static test are enough to ascertain the strength of the devices build.
(can't find the link, right now)

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