General Discussion

rjj621

(103 posts)

91. No but seems like a frivolous lawsuit and trying to lay blame elsewhere

Fri Feb 8, 2013, 05:26 PM

Feb 2013

Manufacturer makes a toy that a kid swallows and chokes on, is it the manufacturers fault the kid tried to swallow it? Hell no it's not, if it is we may as well get rid of everything small enough for a kid to swallow and keep right on trying to protect everyone from themselves or those evil companies that didn't warn us of their dangerous products like marbles. If I'm dumb enough to try and change the fan belt in my car while it's running and fan is turning or try to dry my hair in the shower its no ones fault but my own for getting injured or killed. It wasn't a defective product that caused it, it was me using it other than intended.

Now, do kids know this? No, but we parents do, or should. I couldn't imagine trying to sue a manufacturer because my kid tried to swallow a mouthful of marbles. Damn sure wasn't the manufacturers fault and shouldn't be held responsible that my kid didn't understand.

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Next time someone mentions gun rights [View all] BainsBane Feb 2013 OP

I found another FB page from which I can borrow placards! Kolesar Feb 2013 #1

Occupy the NRA BainsBane Feb 2013 #2

You can still sue the responsible party- the gun owner aikoaiko Feb 2013 #3

a company manufactured a pink gun BainsBane Feb 2013 #4

The manufacturers CAN be sued but not for a limited set of situations. aikoaiko Feb 2013 #23

courts are throwing out lawsuits in a wide variety of situations BainsBane Feb 2013 #24

The law protects manf. from ONLY damages resulting from the misuse of their products by others aikoaiko Feb 2013 #26

we've been through this BainsBane Feb 2013 #63

There is still equal protection under the law. aikoaiko Feb 2013 #64

No BainsBane Feb 2013 #65

Yes, you do, if the product was faulty in some way. aikoaiko Feb 2013 #69

Yes, we understand your unyielding commitment to corporate BainsBane Feb 2013 #72

Give me a break. The "legal activists" weren't interested in a safer product, but culture war aikoaiko Feb 2013 #73

I won't be suing BainsBane Feb 2013 #74

The 2nd Amendment protects a civil liberty. aikoaiko Feb 2013 #75

the First Amendment BainsBane Feb 2013 #78

I do care about the other civil liberties but no one is trying to ban my computer or internet... aikoaiko Feb 2013 #79

Here's the situation BainsBane Feb 2013 #80

Then make that case about the pink pistol. It should be covered by the law. aikoaiko Feb 2013 #81

I'm not a lawyer BainsBane Feb 2013 #82

That's fine but this type of argument is why you're failing. aikoaiko Feb 2013 #87

You purposefully ignored my argument BainsBane Feb 2013 #88

I've been ignoring the argument because I reject the premise. aikoaiko Feb 2013 #90

Why would it bankrupt gun companies BainsBane Feb 2013 #95

It's a simple question BainsBane Feb 2013 #99

It might not bankrupt the industry but it could bankrupt companies and dealers aikoaiko Feb 2013 #100

you have no constitutional right to cheap firearms BainsBane Feb 2013 #101

Was that Kimber manufactured as such at the factory. Remmah2 Feb 2013 #39

You can still sue the owner....... rdharma Feb 2013 #68

That got me thinking. Glassunion Feb 2013 #5

Yes, you can sue everyone but the gun company BainsBane Feb 2013 #6

This message was self-deleted by its author Glassunion Feb 2013 #7

They are not exempt Glassunion Feb 2013 #8

See these articles BainsBane Feb 2013 #10

The law says that gun manufacturers cannot be sued if the gun was used in a crime hack89 Feb 2013 #15

I suggest you read the articles BainsBane Feb 2013 #16

A design flaw is grounds for a suit hack89 Feb 2013 #21

That suit had nothing to do with the design or marketing of their product. baldguy Feb 2013 #18

You can sue but you won't win. former9thward Feb 2013 #50

Yes, you can. DanTex Feb 2013 #34

That's a crock badtoworse Feb 2013 #9

there is nothing in the OP that says otherwise BainsBane Feb 2013 #11

You can sue the gun manufacturer if it sells a defective gun badtoworse Feb 2013 #13

very true BainsBane Feb 2013 #25

because backwoodsbob Feb 2013 #51

Does the law actually say that? hack89 Feb 2013 #12

what matters in law is how the courts interpret it. BainsBane Feb 2013 #14

Your links confirm my point hack89 Feb 2013 #17

The OP wasn't referencing Sandy Hook: baldguy Feb 2013 #19

I was referring to one of the articles in a subsequent post hack89 Feb 2013 #20

the articles specificly say BainsBane Feb 2013 #22

And here is a suit that is proceeding hack89 Feb 2013 #27

Why not be honest here BainsBane Feb 2013 #30

Why do you think gun manufacturers should be sued for the acts of criminals? hack89 Feb 2013 #31

The real question is, why should the gun industry receive special immunity? DanTex Feb 2013 #43

So tighten the wording of the law hack89 Feb 2013 #44

Just get rid of the law, and let judges and juries decide. DanTex Feb 2013 #49

Time will tell I guess. nt hack89 Feb 2013 #53

As long as we change to a loser-pays system, I'm fine with that. sir pball Feb 2013 #55

Message auto-removed applycommonsense Feb 2013 #35

How is the government perpetuating the shattering of the family? cyberswede Feb 2013 #40

Good question. PETRUS Feb 2013 #46

Safety locks HockeyMom Feb 2013 #28

it cuts into their profits BainsBane Feb 2013 #29

They are not exempt - they are actually required to by law hack89 Feb 2013 #32

sorry, i think i'm the one that gave the hackster that link farminator3000 Feb 2013 #36

Good morning - industrious as always I see. nt hack89 Feb 2013 #37

cheerio! i call it 'anti-gunindustrious' farminator3000 Feb 2013 #41

You and I most likely agree on about 80% of gun control issues hack89 Feb 2013 #42

Thanks! nt BainsBane Feb 2013 #59

It is a state law in Minnesota Jenoch Feb 2013 #76

the child was 3 BainsBane Feb 2013 #85

It appears you missed the first part of my post where I mentioned that guns need to be locked up Jenoch Feb 2013 #96

and not left lying on the ground outside? BainsBane Feb 2013 #97

I don't understand your point. Jenoch Feb 2013 #98

I don't see a toy in the bottom picture. Dr. Strange Feb 2013 #33

Some people have more money than brains. Remmah2 Feb 2013 #38

List of other industries that have certain special protections from lawsuits Glassunion Feb 2013 #45

another reason for public financing of elections BainsBane Feb 2013 #47

Fuckin' A! +3.1415926535897932384626433832795 Glassunion Feb 2013 #48

But if a child plays poorly with the dime can you sue? Why not? (nt) The Straight Story Feb 2013 #52

Repealing immunity should be a top priority mwrguy Feb 2013 #54

Until the cases are overturned and the companies countersue for costs sir pball Feb 2013 #56

Brewers don't sell a product designed to kill people mwrguy Feb 2013 #57

It's a legal product though sir pball Feb 2013 #58

those rights all exist, except against gun companies BainsBane Feb 2013 #60

That is horrid. ismnotwasm Feb 2013 #61

The analogy from "Gift of Fear" author Gavin de Becker. CBHagman Feb 2013 #62

So I can sue the US Mint for making coins too small? krispos42 Feb 2013 #66

Interesting you find the death of a child funny BainsBane Feb 2013 #67

I find your analogies funny. krispos42 Feb 2013 #70

anyone can sue manufacturers other than gun makers BainsBane Feb 2013 #71

They can't sue gun makers because the gun worked as advertised, that's why. krispos42 Feb 2013 #83

See this post BainsBane Feb 2013 #84

Explain to me, then.... krispos42 Feb 2013 #92

He isn't BainsBane Feb 2013 #93

Here's a thought(s) rightsideout Feb 2013 #77

Shouldn't be able to sue rjj621 Feb 2013 #86

so you seek to abolish all right to civil lawsuits? BainsBane Feb 2013 #89

No but seems like a frivolous lawsuit and trying to lay blame elsewhere rjj621 Feb 2013 #91

whether it is frivolous or not BainsBane Feb 2013 #94

I totally dig the second one nadinbrzezinski Feb 2013 #102