SteveF wrote:

wrote in message
. com...


a ton o snippin


I used to work for an insurance claims adjusting firm and I think among my
all-time favorites was the home owner whose three year old thought the
ceiling fan blades going around was fascinating. So the guy holds the kid
up over his head who promptly holds his hand up and gets it broken when the
next blade comes around. Filed a lawsuit, our insured had us settle to make
them go away. Exactly where was the "cheapness, stupidity or arrogance" of
the ceiling fan manufacturer?

Steve.
mo snippin.



Exactly Steve. I typed something earlier that I disposed of because it
became a ramble but the main point was the stupidity clause that should
apply to liability.

"If your stupidity is the proximal cause of the damage, it doesn't
matter if the manufacturer could have done better or put more warnings.
You were STUPID and that makes it 100% your fault".

People complain about rising compensation in liability suits...however
if this clause were applied, it would eliminate all the suits that are
frivolous and leave only those in the gray or black areas that do have
merit and should be heard.

Negligence is NOT that hard to pin down. Negligence requires that you
DID know or SHOULD HAVE known of a problem and still released the
product. It should not be up to a manufacturer to second guess how/what
every stupid person will do with their product, only a broad range of
average use for a reasonably prudent public.

Koz