On Wed, Nov 28, 2012 at 12:48 PM, Randy Bennell <rbenn...@bennell.ca> wrote:
> BUT . . . . > > Would you buy coffee from a place that did not keep it hot? > > Do you not think that an adult knows or ought to know that hot coffee > should not be spilled in one's lap? > > Do you not think that when one does spill hot coffee in one's lap, that > one should assume the fault unless one is bumped or in some other manner > caused by someone else to spill the coffee? > > Especially when it is in a drive through line. How is McD's supposed to > prevent someone driving a car from spilling coffee once the cup is handed > over? Do we put childproof caps on the cup so one cannot drink it in the > car? > It is questions like this that inspired the person to create the documentary. It not only covers the McDonald's coffee case but several others as well, with a larger eye to the political concept of tort reform. Binding arbitration was almost an afterthought, but I hadn't thought about it as much so it stuck out to me. Politics are US centric but obviously the concepts may be generally interesting. The filmmaker did interview the family of the woman who was injured, some graphics too if you're into that kind of thing. I knew going in that the press reports on the McDonald's coffee case were only loosely based on reality, but it's one thing to know that and another thing to hear about it from the woman's survivors. > If the coffee is handed to one, and the person at the window says "don't > worry, the coffee is not hot enough to hurt you if you spill it on your > lap" is one not most likely to complain that one only drinks hot coffee??? > I don't drink coffee, but if they hand me a cup of boiling Diet Coke it is definitely going back. :) > The world is becoming a wierd place. No one wants to assume any fault at > all for their own actions. Accidents are unfortunate and sometimes people > get hurt but very often it is their own fault. > In NC I would not expect her to have been awarded anything, even medical costs, because the jury found that she was 20% at fault. They didn't mention contributory negligence in the documentary, I'm not sure how many states are still set up that way. > Should I sue the folks who built the stairs that I slipped on last week? > > I have only lived in that house for 31 years. > I know those steps are narrower than I would like them to be and I need to > be extra careful but I still managed to slip. Whose fault is that if not > mine? > Depends, how many people have slipped down your staircase in the past few months? Would you say there is something wrong with your staircase; maybe several of the boards are loose, or half the steps are missing? Let's say the biggest single source of accidents in the house is that staircase, you and your visitors have a history of hundreds of falls a month down the staircase, and you have never bothered to do anything about it even though you were completely aware of what was going on. Not sure the folks who built the staircase would be liable, but you might be (which, by the way, is obviously not the reality of your situation - hope you are feeling better :). > Randy who is probably not a very typical lawyer Well, not a typical American lawyer at least... Best, -Tim is never happy to go to court and this is completely off topic, sorry _______________________________________ http://www.okiebenz.com For new and used parts go to www.okiebenz.com To search list archives http://www.okiebenz.com/archive/ To Unsubscribe or change delivery options go to: http://mail.okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
