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Case Dismissed: FlowRider injury claim


jleq

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Is anyone surprised? A few weeks ago, there was a story posted about how a Carnival passenger sued over seasickness.

 

Let us not forget the McDonalds hot coffee incident.

 

Frivolous law suits are a right of passage to many in the US of A.

 

We might have fewer frivolous lawsuits if the penalty for filing and loosing was a tack hammer to the head ;)

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Is anyone surprised? A few weeks ago, there was a story posted about how a Carnival passenger sued over seasickness.

 

Let us not forget the McDonalds hot coffee incident.

 

Frivolous law suits are a right of passage to many in the US of A.

 

If you do some in depth reading of the McDonald's case you might be less quick to describe it as frivolous. Certainly there are all too many cases that shouldn't even be given the time of day, but in this particular instance it isn't quite as cut and dried as many seem to believe.:cool:

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You obviously don't know or choose to ignore the facts of that hot coffee case. McDonald's had been warned and cited numerous times prior to that incident their coffee was dangerously hot. Not just hot, but boiling hot. Hot enough to to cause full thickness third degree burns. McDonald's was serving their coffee at temps of 180-190 degrees F. The plaintiff didn't receive anywhere near 3 million dollars.

 

 

Maybe no one told the Jury that coffee makers correct brewing temperature is 195-205F. I have made coffee every day for as long as I can remember and haven't been scalded yet,but I don't put it in a paper cup between my legs and then ride in a moving vehicle.

I wait a few seconds until it's cooled if it's too hot.

You can't fix stupid. Or greedy opportunists.

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If you drive with hot liquid b/t your legs - you're too stupid for words. If I remember correctly, this woman also sued for loss of consortium (sex with husband) because of her injuries. If I were her husband (and not female as I am), I wouldn't have sex with her simply because she is a moron.:p

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Maybe no one told the Jury that coffee makers correct brewing temperature is 195-205F. I have made coffee every day for as long as I can remember and haven't been scalded yet,but I don't put it in a paper cup between my legs and then ride in a moving vehicle.

I wait a few seconds until it's cooled if it's too hot.

You can't fix stupid. Or greedy opportunists.

 

 

 

I said serving temp, not brewing temperature. Essentially McDonald's lost that case because of what was deemed a defective product (coffee should never be served hot enough to cause the kind of injuries that women suffered). And get your facts straight. The plaintiff in that case was 79 years old at the time of the incident. Surely this woman had many decades of experience with coffee and had never suffered injuries from coffee like that before. Also, she was a passenger in a PARKED vehicle when the coffee spilled.

 

Maybe if you bothered to seek out the facts of the case, you wouldn't be so quick to call people stupid. Before this court case was filed, McDonald's had numerous complaints filed about the temp of their coffee.

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I am not an attorney, but it seems that reading through the judge's decision, the plaintiff could not get past the assumption of risk, since she freely choose to participate in the activity.

 

I have read RCI's waivers, and signed them. I understood that by signing the document, I was accepting the responsibility if I sustained an injury. But then I wasn't looking for a payday, either.

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I am originally from the UK.

 

I remember when the law was passed allowing "No Win No Fee" lawyers to start practicing in the UK. (This was only probably the early 1990s) We saw a barrage of American style attorney TV adverts and the ambulance chasing began.

 

The current government has seen sense and a law was just passed which saw the end of "No Win No Fee" lawyers. This is a great law that the US could do with making. It would put a lot of "Law Firms" (And I use the term loosely for people who use their hopefully hard-earned law degrees chasing ambulances) out of business and enable the US to lose it's reputation as the "Ridiculous Law Suit" capital of the world. When people have to stump up money themselves, it makes them think twice. For now, what have people got to lose. It can be seen as a way of making a fast buck.

 

On a different tangent, it is illegal in the UK to advertise prescription medication. I think that is a good law as well. You shouldn't be walking into your doctor to ask about a medication, your doctor should prescribe what is best for you, not what you saw advertised during "The View" yesterday.

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I am originally from the UK.

 

I remember when the law was passed allowing "No Win No Fee" lawyers to start practicing in the UK. (This was only probably the early 1990s) We saw a barrage of American style attorney TV adverts and the ambulance chasing began.

 

The current government has seen sense and a law was just passed which saw the end of "No Win No Fee" lawyers. This is a great law that the US could do with making.

 

You are correct however due to the fact that most of our elected "representatives" are in fact lawyers it will never happen. They made their money chasing ambulances and they are not about to cut off the gravy train for their buddies who donated to their election coffers. Just one of the ways our system is badly broken.

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How about the woman that was walking in the mall, texting on her phone and literally walked right into a fountain. She is suing the mall because the security guards that came to her aid were laughing. She was wet, but fine. I saw the video on YouTube and it is hilarious. How about a little personal responsibility? Don't watch where you walk... your problem. Not coordinated enough to go on the Flowrider... your problem. People think just because they are on vacation they can be stupid. Well whether you are on vacation or not, a broken bone still really hurts.:cool:

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God bless America.

 

I agree this is ridiculous and sometimes things just happen and you get hurt. But we live in a free country where our justice system allows for citizens to bring large corporations to court. If you don't like it, move to North Korea.

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