On Tuesday, February 4, 2020 at 10:25:12 AM UTC-8, Tom Kunich wrote:
On Tuesday, February 4, 2020 at 9:26:07 AM UTC-8, Ralph Barone wrote:
Tom Kunich wrote:
On Monday, February 3, 2020 at 3:46:36 PM UTC-8, Joerg wrote:
Just received another four 700c tires from Summit Bicycles because I ran
out. The packing slip ends with:

Quote

"WARNING! Cycling can be dangerous! Bicycle products should be installed
and serviced by a professional mechanic. Never modify your bicycle or
accessories ..."

If I install the new tire myself and pump it to 100psi, might we hear a
muffled boom and see a mushroom cloud? And with all the mods on my MTB I
should be dead by now.

At least it didn't say not to eat the tires, or at least not without a
hot guacamole sauce :-)

--
Regards, Joerg

http://www.analogconsultants.com/

It certainly seems ridiculous that people like Jay force these sorts of
things onto the public. Jay, didn't you say that you work for a firm that
handles personal injuries? At what point does common sense end and the
ability to blame someone else begin?


Yeah, it’s all Jay’s fault. Maybe if we burn him at the stake, things will
get better.

Ralph, wake up, Jay is just a guy working in a business that has caused all of this sort of crap. All things that were started with good intentions eventually become perverted by those trying to take advantage of a system. This is why government HAS to be as small as is possible. Look at what we've ended up with - a government in California that tells people they have to increase gas taxes to fix the roads and then uses the money to five themselves higher wages and more benefits and screw the roads that the people wanted repaired.

Do you suppose that Jay wouldn't take advantage of a faulty system in half a second as a large percentage of people would? I settled my personal injury claim for far too little since my toenail STILL hasn't grown back in after two years. So I have sore toes still. I didn't want to screw the insurance company or the lady driver and instead screwed myself. With proper consul I'm sure that it would have been more equal. But then that cost money that would then cost the insurance company etc. etc. etc. ad infinitum.

As I said, at what point does personal responsibility end and the ability to blame others (honestly) begin?

Uh, Tom, I represent insurance companies and big and small businesses, including bicycle manufacturers and occasionally shops. That's why I'm poor, although I can get an occasional pro deal.

Every claim is stupid until it happens to you, your wife or child. Comparative fault generally evens things out, but there are some doctrines that clearly skew against company defendants. In Oregon at least, the trial lawyers have huge clout. Contingent fees are powerful things.

State defendants do have certain immunities that can seem unfair when you're on the receiving end. We represent an excellent state teaching hospital that is subject to the state tort claims. It's important to protect the public fisk, but as I stood in a treatment room, watching a (looked like) twelve year old doctor screw a steel frame onto my wife's head before brain surgery, I kind of wondered about that damages cap. BTW, it worked out fine.

On the flip side, there are some really stupid cases that I have defended involving lots of different products. My favorite was a trial court action and Ninth Circuit appeal involving an inmate suit against Wild Turkey for selling intoxicating liquor -- whisky (and beer) ruined the plaintiff's life and landed him in prison. Who knew. That didn't even go to argument. Truly stupid cases handled by lawyers are pretty rare and usually get dismissed, but not always. One hopes the jury does the right thing, e.g. https://law.justia.com/cases/oregon/...9/a165903.html

-- Jay Beattie.