From: "Mark ProbertDecember 23, 2002"
References: <3FE681C6.E9519951@nospam.com> <2HJFb.email@example.com>
Subject: Re: Myths about the McDonald's hot coffee lawsuit (was: Re: Can this mother win this lawsuit?)
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Date: Tue, 23 Dec 2003 23:30:37 GMT
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Organization: Optimum Online
"Don Klipstein" wrote in message
> In <2HJFb.firstname.lastname@example.org>, Mark
> ProbertDecember 21, 2002 wrote:
> >Whether the brewer should have been able to even operate with a safety
> >device, i.e. the temperature regulator, defeated is another question.
> >Personally, I contend that any machine that can operate with safety
> >devices dismantled is inherently not safe, thus laying liability against
> >the manufacturer of the machine.
> There is no such thing as a completely undefeatable safety device.
> Someone somewhere will be able to defeat it.
True. I make a good living off of that stupidity (insurance claims
investigations). Thus, all machines are not safe. What the manufacturer has
to do is to make it extremely hard for the safety devices to be dismantled.
> Would a power saw manufacturer be liable if someone removed any guards
> from the saw?
Possibly, depending on the circumstances.
> If someone hacks out a safety interlock switch from a piece of hazardous
> machinery and replaces the interlock with a couple pieces of wire, who is
> responsible? If someone wraps tape around the "deadman" lever on a power
> mower, who is responsible?
Again, it depends on the circumstances. In the power mower case, the
manufacturers attempt to avoid liability for just this circumstance, but
there are those who are injured doing just that. IMNSHO, the idiot who
defeated the safety device would bear primary liability. However, I would
expect a claim against the manufacturer, if a third party was injured as the
manufacturer has deeper pockets.
> Liability for defeating a safety device lies with whoever defeated the
> safety device.
Depending on the circumstances.
> - Don Klipstein (email@example.com)