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From: Chuck Holst <CHUCK_at_multitech.com>
subject: [Paddlewise] FW: Costco selling kayaks/
Date: Thu, 4 Mar 1999 12:27:31 -0600
>>
Sorry Jack but I have to speak up about the McD's comment especially   since
I see it referenced frequently in discussions about excessive litigation.
>>

<Big snip>

This story reminds me of the one that Reagan used to tell about the
driver who sued the manufacturer of his vehicle -- and won -- because
a horse fell through the roof. This was supposed to be an example of
ridiculous litigation. However, the suit was not about the horse but
about the roof of the vehicle, which was supposed to be strong enough
to survive a rollover, let alone a falling horse.

Sometimes ridiculous stories look a lot less ridiculous when all the
facts are known.

Chuck Holst


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From: Sisler, Clyde <Clyde.Sisler_at_wang.com>
subject: RE: [Paddlewise] FW: Costco selling kayaks/
Date: Thu, 4 Mar 1999 14:27:26 -0500
Sometimes ridiculous stories look a lot less ridiculous when all the
facts are known.
----------

Next time you're in a hardware store, take a look at all the warning labels
on a wooded step ladder.  There must be 20 of them.

I forget what it's called, but you know the little bitty platform that pulls
out for you to put your paint can on?  Some guy sued the ladder company and
won when he stepped out on that platform, put his full weight on it, fell
and broke something.

I like that saying "You can't legislate stupidity".  You can't measure it
either but I sure know it when I see it.

There is not enough common sense in our legal systems nor in our everyday
lives.  People need to take more responsibility for their own actions.

Stepping off of soap box now...


Chuck Holst


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From: <dldecker_at_se.mediaone.net>
subject: RE: [Paddlewise] FW: Costco selling kayaks/
Date: Thu, 04 Mar 1999 15:36:56 -0500
At 02:27 PM 3/4/99 -0500, Sisler, Clyde wrote:
>Sometimes ridiculous stories look a lot less ridiculous when all the
>facts are known.
>----------
>
>Next time you're in a hardware store, take a look at all the warning labels
>on a wooded step ladder.  There must be 20 of them.
>
>I forget what it's called, but you know the little bitty platform that pulls
>out for you to put your paint can on?  Some guy sued the ladder company and
>won when he stepped out on that platform, put his full weight on it, fell
>and broke something.
>
>I like that saying "You can't legislate stupidity".  You can't measure it
>either but I sure know it when I see it.
>
>There is not enough common sense in our legal systems nor in our everyday
>lives.  People need to take more responsibility for their own actions.
>
>Stepping off of soap box now...
>
>
>Chuck Holst
>
>
Chuck don't forget natural selection will weed out a lot of these people
like it or not and they will become a statistic and there is nothing anyone
can do about it.

Dana
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From: Jack Martin <jcmartin43_at_radix.net>
subject: RE: [Paddlewise] FW: Costco selling kayaks/
Date: Thu, 4 Mar 1999 16:00:15 -0500
From:           	"Sisler, Clyde" <Clyde.Sisler_at_wang.com>
To:             	"'Paddlewise'" <paddlewise_at_lists.intelenet.net>
Subject:        	RE: [Paddlewise] FW: Costco selling kayaks/
Date sent:      	Thu, 4 Mar 1999 14:27:26 -0500 

> There is not enough common sense in our legal systems nor in our everyday
> lives.  People need to take more responsibility for their own actions.
> 
> Stepping off of soap box now...
> 
<Carefully>, I hope, Chuck?

Jack

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From: Michael Neverdosky <MichaelN_at_cycat.com>
subject: Re: [Paddlewise] FW: Costco selling kayaks/
Date: Thu, 04 Mar 1999 15:34:41 +0000
clyde.sisler_at_wang.com wrote:
> 
> Sometimes ridiculous stories look a lot less ridiculous when all the
> facts are known.
> ----------
> 
> Next time you're in a hardware store, take a look at all the warning labels
> on a wooded step ladder.  There must be 20 of them.
> 
> I forget what it's called, but you know the little bitty platform that pulls
> out for you to put your paint can on?  Some guy sued the ladder company and
> won when he stepped out on that platform, put his full weight on it, fell
> and broke something.
> 
> I like that saying "You can't legislate stupidity".  You can't measure it
> either but I sure know it when I see it.
> 
> There is not enough common sense in our legal systems nor in our everyday
> lives.  People need to take more responsibility for their own actions.

At the same time the manufacturers need to take responsibility when they
do
mess up.
And they need to be prosecuted when their actions are criminal.

Right now the only real recourse is the civil action for money damages.

The AMA complains about medical malpractice suits but their own studies
show
that less than 1 in 5 cases of ACTUAL MALPRACTICE is ever litigated or
even
investigated.
At the same time they know that less than 5% of doctors produce more than
90% 
of malpractice cases. Why not get rid of the BAD DOCTORS?

How about the Ford Molitov Pinto?
Some of the Ford executives should have gone to jail for that one. They
KNEW that
the design was DANGEROUS (not just unsafe) and they decided that it would
be 
cheaper to just pay off claims than to fix the gas tank design.
That sounds a lot like manslaughter to me, at the very least. In some
states
and cases it would likely be murder.

It is not just the little guy who should accept responsibility, it is
everyone
who IS responsible.

michael
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From: Larry Mills <millsl_at_purchase.edu>
subject: RE: [Paddlewise] FW: Costco selling kayaks/
Date: Thu, 4 Mar 1999 22:48:18 -0000
I have been reading this thread and not thinking I guess.  We
bought our first Yaks (Keowee's) from the LLBean folks and had no
training and virtually no experience (I'd been out once with
someone who also had no training).  And if there were disclaimers
with the boats, they were totally and immediately ignored.
My wife would suggest it's some testosterone based bias 
against following directions or reading the fine print.  I probably
wouldn't disagree.

First trip down the Susquehanna (which in Oneonta, NY is
about 50 yards wide and 4 feet deep) and I rounded a bend
only to come upon the root end of a tree that had been washed 
into the river.  I ended up against the roots, downside up.  I popped
out and forced my way upright on my feet.  I then had to pry
the sunken boat out of the roots, against the current, while 
my son retrieved the paddle from downstream.  He had been 
smart enough to give the tree a wide berth.  

I was lucky not to have been caught under the tree and I got
so much smarter in such a short time that I couldn't believe it.

Common sense would have told me to steer clear but I 
somehow thought the boat only draws about an inch of water, 
how dangerous can it be?

Almost natural selection at work.

And it had nothing to do with any instructions the Bean
folks did or didn't put in the little plastic envelope.  I was
just stupid.

You can't legislate against that kind of behavior.

Larry Mills
Warmer and dryer than before.




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From: Lorraine&Dennis <raisden_at_nh.ultranet.com>
subject: Re: [Paddlewise] FW: Costco selling kayaks/
Date: Fri, 5 Mar 1999 10:01:57 -0500
>Chuck don't forget natural selection will weed out a lot of these people
>like it or not and they will become a statistic and there is nothing anyone
>can do about it.
>
>Dana


I agree.  We're meddling far too much with Darwinism.  Warnings on
stepladders, warnings(and those ridiculous blade clutches)on lawnmowers to
keep your hands away....  Last summer I purchased a bag of ice that had
large block letters-STORE IN FREEZER.
Dennis


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From: Larry Mills <millsl_at_purchase.edu>
subject: RE: [Paddlewise] FW: Costco selling kayaks/
Date: Fri, 5 Mar 1999 16:27:36 -0000
Thanks for your message.  Now I understand what happened
to that ice I bought last July.  

I've just gotta start reading those directions.

Larry Mills
Department of Redundancy Department



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