Re: [Paddlewise] Design copies

From: "Peter Treby" <ptreby_at_ozemail.com.au>

> Maybe in the USA, but in Australia, the example you give is quite beyond any
> likely outcome in a court. There are so many contributing factors to a kayak
> death or accident that it would be a brave plaintiff's lawyer who tried this
> one.

I think you haven't seen the "law" at work in California:

http://www.bizjournals.com/sacramento/stories/2004/02/02/editorial3.html

Heck, the lawyers here don't even need a victim to file and collect.

Progress is being made, though.  This will be on the ballot
for California in the fall election (the people had to by-pass 
the courts and CA state legislature and take it to the voting 
booth... )

"Small biz needs relief from shakedown suits"
http://www.stopshakedownlawsuits.com/alerts/calltoaction_070804.html

What this was about....
http://www.cfif.org/htdocs/legal_issues/legal_updates/other_noteworthy_cases/trevor_law_group.html

Still, I wouldn't own a small business selling anything to the public
in California... whether I was a U.S. citizen or not.  

> Boat designers should not lose sleep worrying about such far fetched
> possibilities. Here, for example, is a case of sound judicial reasoning
> rejecting an injury claim at a sports event:
> http://www.ieabrokers.com.au/crowdcontroljuly2004.pdf Courts are not a
> pushover for any claim to get through, and appeals courts fix up rubbish.
> The Liebeck / McDonalds coffee spill case is so often used as an example of
> a supposedly frivolous claim succeeding, that it would be as well for you to
> look at the facts which persuaded the jury, say here:
> http://www.kentlaw.edu/classes/rbrill/TORTS-FALL2002/evening/sup_mat/coffee.html
> Read that and see if you still suffer the same litigation paranoia.
> Cheers, PT

I'm not paranoid.  I don't own a small business dealing with the public.

Cheers,

Jackie
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