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Wal-Mart sued for improperly assembled bicycle
http://www.madisonrecord.com/news/21...embled-bicycle
. . . During Tony Willyard's first ride June 4, 2006, the handle bars "detached from the steering stem, causing Plaintiff to lose control of the bicycle, flip over the handle bars, and strike the ground, hitting his right shoulder on the curb, and causing Plaintiff severe and permanent injuries," the complaint states. . . . |
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Wal-Mart sued for improperly assembled bicycle
Eric Vey wrote:
http://www.madisonrecord.com/news/21...embled-bicycle . . . During Tony Willyard's first ride June 4, 2006, the handle bars "detached from the steering stem, causing Plaintiff to lose control of the bicycle, flip over the handle bars, and strike the ground, hitting his right shoulder on the curb, and causing Plaintiff severe and permanent injuries," the complaint states. . . . cT = 0.96. dude, walmart get sued a thousand times a day. from defective toothbrushes to poison bathroom cleaner. the ability to litigate frivolously against our financial/commercial behemoths is one of our greatest freedoms. and for said behemoths, it's simply a cost of doing business. next please. |
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Wal-Mart sued for improperly assembled bicycle
On Tue, 10 Jun 2008 14:16:31 -0400, in rec.bicycles.tech Eric Vey
wrote: http://www.madisonrecord.com/news/21...embled-bicycle . . . During Tony Willyard's first ride June 4, 2006, the handle bars "detached from the steering stem, causing Plaintiff to lose control of the bicycle, flip over the handle bars, and strike the ground, hitting his right shoulder on the curb, and causing Plaintiff severe and permanent injuries," the complaint states. . . . They'll settle out of court for between 10 and 20K. Low end if they documented training and quality assured the assembly; high end if no training at all. It's an every day thing. Jones |
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Wal-Mart sued for improperly assembled bicycle
On Fri, 13 Jun 2008 02:57:06 GMT, still just me
wrote: On Thu, 12 Jun 2008 13:39:26 -0500, !Jones wrote: They'll settle out of court for between 10 and 20K. Low end if they documented training and quality assured the assembly; high end if no training at all. It's an every day thing. It will go higher than that. I had similar, but lesser injuries and spent $13K in medical costs alone. If the kid really has permanent injuries, they will have to send quite a bit more his way. A client of an insurance company I do work for had an uninsured handyman fix a changeroom door. While the door was off the hinges, one of their customers bumped the door and it fell and banged their head. The insurance company IN CANADA paid out 80 grand - NO PERMANENT INJURIES. If this Wallmart case in in the US, it will very likely go over 100 grand. ** Posted from http://www.teranews.com ** |
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Wal-Mart sued for improperly assembled bicycle
In article , clare at
snyder dot ontario dot canada wrote: A client of an insurance company I do work for had an uninsured handyman fix a changeroom door. While the door was off the hinges, one of their customers bumped the door and it fell and banged their head. The insurance company IN CANADA paid out 80 grand - NO PERMANENT INJURIES. If this Wallmart case in in the US, it will very likely go over 100 grand. Shoulda been wearing a brain bucket. Donning the flame retardant suit... |
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Wal-Mart sued for improperly assembled bicycle
clare at snyder dot ontario dot canada wrote in message ... On Fri, 13 Jun 2008 02:57:06 GMT, still just me wrote: On Thu, 12 Jun 2008 13:39:26 -0500, !Jones wrote: They'll settle out of court for between 10 and 20K. Low end if they documented training and quality assured the assembly; high end if no training at all. It's an every day thing. It will go higher than that. I had similar, but lesser injuries and spent $13K in medical costs alone. If the kid really has permanent injuries, they will have to send quite a bit more his way. A client of an insurance company I do work for had an uninsured handyman fix a changeroom door. While the door was off the hinges, one of their customers bumped the door and it fell and banged their head. The insurance company IN CANADA paid out 80 grand - NO PERMANENT INJURIES. If this Wallmart case in in the US, it will very likely go over 100 grand. ** Posted from http://www.teranews.com ** Some very interesting anti-plaintiff precedents have been set here in the US as a result of the exorbitant settlements for frivolous claims of the past 10-15 years - the McDonald's Hot Coffee Lawsuit is a good example. These large settlements have encouraged unscrupulous trial lawyers (also known as "ambulance chasers") to pursue more borderline cases. The result has been that many bona fide claims for real injuries have been minimized or outright denied. The number of "slip and fall" claims have proliferated to such a point that the burden of proof has been set so high that many legitimate lawyers do not want to take on these kinds of cases. It seems that many insurance companies here in the US have a policy of quickly settling frivolous claims while vigorously fighting claims for real injuries. I recently settled a property damage suit for less than my out of pocket legal expenses. Allstate Insurance spent over $250,000 and 4 years defending against a claim that originally could have been settled for under $10,000. I took their "take it or leave it" settlement offer because they suggested that the case could be stretched out another 2 years if I didn't. So in the case of Wal-Mart and the defective bike, they may or may not settle quickly. Many insurance companies are making low "take it or leave it" offers. Chas. |
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Wal-Mart sued for improperly assembled bicycle
On Fri, 13 Jun 2008 02:57:06 GMT, in rec.bicycles.tech still just me
wrote: On Thu, 12 Jun 2008 13:39:26 -0500, !Jones wrote: They'll settle out of court for between 10 and 20K. Low end if they documented training and quality assured the assembly; high end if no training at all. It's an every day thing. It will go higher than that. I had similar, but lesser injuries and spent $13K in medical costs alone. If the kid really has permanent injuries, they will have to send quite a bit more his way. Not unless the injured party fights for it. He or she will have to be ready to go to court and that takes 10 to 15K in front money... if the person is broke, they can pay 60%. A lawyer comes in and gets 50K; big deal... I'd settle for 20K out of court; it's where I end up. But, it all depends: a young, white, female (particularly a blonde) will be premium. Then, there's the negligence issue. Being liable for damages is one thing, knowing the bike wasn't assembled properly and selling it anyway is a whole 'nuther kettle of fish. Once it gets there, it doesn't have a cap on it... but you have a tougher standard to meet. Jones |
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Wal-Mart sued for improperly assembled bicycle
On Thu, 12 Jun 2008 23:22:00 -0400, in rec.bicycles.tech clare at
snyder dot ontario dot canada wrote: A client of an insurance company I do work for had an uninsured handyman fix a changeroom door. While the door was off the hinges, one of their customers bumped the door and it fell and banged their head. The insurance company IN CANADA paid out 80 grand - NO PERMANENT INJURIES. If this Wallmart case in in the US, it will very likely go over 100 Canada and the US have no significant difference in that area. They had to be feeding a solicitor to get that much; besides, retail premises defect will usually exceed product liability. Jones... who knows nothing about the Wally-World deal. |
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Wal-Mart sued for improperly assembled bicycle
On Sat, 14 Jun 2008 17:22:32 -0400, in rec.bicycles.tech "Sandy"
wrote: Jones... who knows nothing about the Wally-World deal. Suggested last line revision: "Jones - who knows nothing about the varying provincial and state laws on product liability or payment schedules for health care." Well, that wouldn't be accurate. I'm a retired insurance underwriter formerly with Farmer's Insurance Group out of LA and currently teaching employee benefits at Texas A&M University, Kingsville, TX. I freely admit that South Texas is about as far from Canada as you can get in the US; however, my wife is a Newfy from Saint John's and I try to spend my summers in your beautiful country. If the US ever starts drafting 60-year-old men (and we might), I'm coming up there to live! Please do not place words in my mouth. I'm quite able to speak for myself, thank you, Jones |
#10
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Wal-Mart sued for improperly assembled bicycle
"still just me" wrote in message
... Actually, if you do some reading on the McDonald's Hot Coffee Lawsuit you will find that it was not at all frivolous. First, the coffee the woman was served was at a temperature high enough to burn human flesh. We're not talking hot coffee... we're talking scalding hot coffee. You mean like ANY boiling water that someone makes for themselves? Let's not forget that the coffee was advertised as HOT. Let's not forget that most people wanted it that way. And especially let's not forget that the woman spilled the coffee on herself. |
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