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Can someone explain the rationale for this civil case?

Discussion in 'The Okie Corral' started by hammerkill, Dec 3, 2012.

  1. hammerkill

    hammerkill chinese name but all american Silver Member

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    A fellow loans his chainsaw to a neighbor. The neighbor through no fault of the chainsaw mangles himself. The plaintiff sues the chainsaw manufacturer? Sounds logical to me. :dunno:
     
    Last edited: Dec 3, 2012
  2. skeeter7

    skeeter7 Brass Vulture

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    And the sad part is the chainsaw manufacturer will settle with him out of court for a large amount of money just so they are not in the media. No one can take blame for stupid actions anymore....always make it someone else's fault.
     
    Last edited: Dec 3, 2012

  3. FullClip

    FullClip NRA Benefactor CLM

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    The guy that loaned the saw may be next in the sights of the lawyers.

    Think that most civil suits like this aren't so much made by people who want to win the lottery, but have racked up a whole lot of medical bills, can't work anymore and are desperate for some cash.

    For sure there are the idiots like the hot coffee lady who spilled it in her lap, and some people who are always looking for a law suit instead of working.

    Only takes a second of inattention to do some serious damage with a chain saw. I got lucky once cutting up the slash off a tree I'd dropped, chain saw bounced back a little, tore my jeans, but didn't break the skin on my knee. :wow: Another inch and I be limping around like old Chester on "Gunsmoke":supergrin:.
     
  4. wvtarheel

    wvtarheel

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    Could be something wrong with the saw, could be something wrong with the instructions or warnings,

    OR it could be the guy did something stupid and is hoping to hit a payday.
     
    Last edited: Dec 3, 2012
  5. ArtificialGrape

    ArtificialGrape CLM

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    After only reading the thread title the answer was "money".

    After reading the details it is still money. The plaintiff knows or suspects the manufacturer has more money than the neighbor that loaned it, or perhaps wants to borrow more tools in the future and doesn't want to burn that bridge. :cool:

    -ArtificialGrape
     
  6. hammerkill

    hammerkill chinese name but all american Silver Member

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    I have been on jury duty (Kanawha) several times and the juries aren't as dumb as people think. I saw 2 medmal law suits and the plaintiffs lost both of them. The reason Columbia gas took such a big hit in Roane county is people were treated like dirt by some of the oil and gas drillers. One driller,I won't say his name (begins with a b) told the landowners that they were just squatting on "his" land. The chainsaw lawsuit wasn't in WV by the way.
     
  7. SRS

    SRS

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    Who is the plaintiff - mangled guy or the chainsaw owner? If mangled guy, it sounds like a pretty standard products liability case. If the chainsaw owner, that is a little strange.
     
  8. airmotive

    airmotive Tin Kicker

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    "Go away" money.
    Cheaper than defending against litigation, even if you're guaranteed a victory.
    Pay the plaintiff's lawyer to go away.
     
  9. Bren

    Bren NRA Life Member

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    Same as suing the gun manufacturers, when a gun does exactly what it's supposed to do. "You had a duty to protect me from my own stupidity" is the most fashionable legal theory, these days.
     
  10. pizza_pablo

    pizza_pablo USN Retired

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    The last lawn mower I bought had a big, orange sticker, warning against grabbing it, by the deck, when running (which would obviously cut your fingers off) and using it to trim your hedges. No kidding! Apparently someone did just that and sued AND won, or at least got a settlement. :faint:

    Me, I think all warning and caution lables and public service announcements should be removed. Let stupid hurt. Maybe there will be less idiots around.

    My favorite unmotivational poster shows a ship sinking, with the caption "It just may be that the meaning of your life was to serve as a warning to others" :supergrin:
     
  11. HollowHead

    HollowHead Firm member

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    There are still pending cases involving some 9/11 families against Boeing. HH