Depends. If it was one of those deals where the thing just let go
without warning I'd classify it as "shit happens". If I was the
fourteenth person it had fallen on then I'd say that some additional
punishment is in order.
Good you straightened that out. I suppose the reason they run those ads
and have their own response teams to get the hospital first after an
accident isn't for their own benefit. All they hope for is to just get
their wages out of the deal.
Contingency fees are the only option for most people.
Let me be the devils advocate. You are in an accident that
is no fault
of your own. For example lets say you are at the big box
buying a box of
nails and a higher shelf collapses on you. You loose six
months of work
and live in uncontrollable pain the rest of your life
because of the
injuries you received.
Sound familiar? ;-)
Now unable to work and without income, could you afford to
pay an attorney the upfront fees required to successfully
sue the big box store?
Who mentioned contingency fees?
My point is about the really common practice where many/most lawyers are
in business solely to transfer as much wealth as they possibly can to
themselves in whatever way they can. Essentially they realized they
don't need to stand in a dark alley with a hood over their head. They
can dress in a nice suit and pretend they are honorable.
My attorney (who's actually got a reputation for being good at this
stuff) told me that even with a RAFT of waivers and hold-harmless
agreements - which _might_ get you off the hook in court - you still can
never prevent someone from suing you. And that's always costly and time-
He suggests that before you sell anything with any hazard potential at
all, that you incorporate as an LLC. Then, they can sue the LLC, but if
it's structured right, all they'll get is any insurance the LLC carries,
while your personal assets are protected unless you've been criminally
negligent in allowing something you _knew_ would cause injury to be sold
to people you knew would injure themselves with it.
Incorporating that way is only a few hundred bucks in most states, and
carries with it only a small burden for record keeping and reporting.
My son is handicapped. We signed everything we own into a durable trust
for him; He owns it all. Because he is incompetent to enter into any
agreements with anyone, he cannot be found liable for any form of tort or
contract breach. The trust cannot be touched.
Even if I screwed up and was found liable, they couldn't take the house
away. But the LLC helps improve even that, because it doesn't own
anything but the intellectual rights to what it sells (and usually for
prototypes or one-offs, the customer actually owns those, anyway).
I wouldn't ever deliberately sell anything I knew was going to hurt
someone. However, if I got one of those typical suit notices on my desk
where the customer was careless, and now they are going after everyone
they think may pay for their stupidity, I'd just notify them that the
corporation was dissolved due to insufficient resources to litigate, and
that they were welcome to the proceeds of the dissolution -- which was
whatever petty cash was still in the front desk's drawers when the
corporation went out of business. The desk, of course, would have been
leased, and had to be returned to its owners.
"Lloyd E. Sponenburgh" <lloydspinsidemindspring.com> wrote in message
In todays world you have to make yourself judgement proof. Having been
a defendant i can tell you its a major pain. It took 4 years to settle and
when you win you lose. There is no way to recover the lost time and money
spent defending your self. Even if you have no assets to satisfy a judgement
you will probobaly be called as a witness, at the very least you will have
give a deposition. We are in dire need of major tort reform.
Litigation has exploded to the point that there is a shortage of conscripts
to serve as jurors for the shakedown artists. People here are asked thru
summons to do thier civic duty every 18 months like clockwork. I refuse
to play thier game. Soon as mention i was a defendant in a civil suit i am
excused for cause.
One of the reasons for that is all businesses are portrayed as bad with
those "smart" people in the government the only ones who can help us.
Every business gets lumped into the same category as the Wall St pirates
who were responsible for tanking the economy with the securitization of
That idea also has downsides. A good friend was involved in a car
accident (an older guy pulled out without looking at a high rate of
speed and crossed over into the lane my friend was in).
Friend was young and just starting out. Guy was judgement proof (had all
of his assets in trusts etc) and only had the state minimum car
insurance. My friend was paying medical bills for years and still has
serious medical issues that can never be repaired.
"due to this product being a prototype & not yet fully tested,
seller assumes no responsibility to buyer for any defect,personal
injury or property damage due to negligence , misuse causing failure
of this product."
by signing here you___________ accept the above terms & conditions
that should be enough to scare the shit out of the weak ones that dont
really need the product.
the best one I've seen on milk cases ect. is:
"misuse of this container constitutes theft!"
Bastards! stolen milk case!!
Hey it keep me busy making molds for that crap , many years.
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