On Thu, 14 Jun 2007 07:49:23 -0700, wrote:

On Jun 14, 6:35 am, "Edwin Pawlowski" wrote:
"dpb" wrote in ...

What if it just spuriously opens/close? Or someone just down the street
changes their controller and now it's working another one as well? All
can/do happen...one can make up any scenario one wants.

--

Sure, make up the scenarios. but the penalty by a jury is going to be
harsher when it is intentionally induced. Sleazy lawyers just love that
stuff.


Yes, I agree. Two scenarios:

1 - A kid is killed because the controller closed spuriously. First,
someone would have to prove the controller closed spuriously, as
opposed to the kid or someone else activating it. Then, they'd
probably have to show that it was caused by a specific design flaw
that the manufacturer knew or should have known about as opposed to
some random component failure that couldn't be anticipated.

2 - Same thing, but activated by someone's controller down the
street. Extremely unlikely with today's controllers that use pseudo-
random codes. And if it happened to occur, what's the chance you
could establish that's how it happened, exactly who's controller did
it, etc?

3 - Door closes after 2 hr delay as provided for by the maunfacturer
and kills kid. Or kid just sticks his finger in between door sections
and gets it crushed, for which there is no effective safety emergency
stop. In this case, you have a case where the manufacturer designed
it to allow it to close unattended.

Which case do you think is easier to prove/win?