Personal responsibility....

[AlexS]

As I heard it, a very large hardware chain is being sued in WA by someone who went to one of their demos on how to build a pergola, and was hit in the eye by a chip of something while drilling when he tried to build it. It's claimed the demonstrator didn't tell him to wear safety glasses.

Now I don't have any great love for this chain - quite the opposite, actually - but surely we all bear some responsibility for our own actions, and the first is not to do something you don't know how to do properly. It would seem that if you don't wear safety glasses when you drill, you're either taking a calculated risk, in which case it's your own fault if something goes wrong, or you're too stupid to pick up a tool in the first place. I've done things that would put me in both camps at times, but I don't see how it could be either the demonstrator's or the store's fault.

It's different if the demonstrator was a professional teacher. Also, every power tool I've ever bought has come with a warning to wear goggles, earmuffs and possibly chain mail armour. Most of these warnings are there to protect the maker, but if you ignore them you do so at your own risk.

Waddaya think?

[Gumby]

I cut my finger on the jointer blade yesterday so I'm suing Carba-tec because they didn't tell me it was sharp. It's not my fault, never is. There is always somebody you can blame. Just ask one of those 'No win, no fee' solicitors.

[jow104]

Some blame must be put at the feet of the legal profession they want business and they have created this modern day attitude to suing at a drop of a hat etc.

[Eastie]

Picture this….

You’re the operator of two interlocking metal devices that you have to operate a couple of times a day It’s a vital operation that if left unchecked will often cause noticable down time that will more than likely be picked up by someone else – making you look like a tool. The operation is pretty simple if you’re on the ball, however the manufacturer never put interlock safety devices on the interlocking strips so if you stuff the operation up you risk significant tramua from catching your crown jewels in the interlock. No visual warning signs at all !


I’m thinking of suing zipper manufacturers for mental anguish.... (it's been a long day)

[DanP]

Some blame must be put at the feet of the legal profession.

I hate to say it but I'm going to back the Lawyers on this one. The blame IMO lays wholly and solely at the feet of the courts. If they grew a spine and told these idiots NO we wouldn't have lawyers in court trying it on. The lawyers are just doing their job and acting on behalf of their clients. It's the magistrate or judge who decides the fault.

Dan

[beejay1]

Had this happened in America the store would probably be found guilty of negligence and the customer would no doubt receive a large settlement. I suppose the store should have employed appropriate safety measures if they were inviting the public to take part in such a demonstration,, but not being of the legal profession I dont know if they are culpable or not. I would have a go at the store though
beejay1

http://community.webshots.com/user/eunos9

[jow104]

Yes Danp you have a valid point but don't lawyers eventually end up with the jobs at the top of the court? ie judges, magistrates etc.

[DanP]

BJ,

You don't need to be in the legal profession to see that the moron is the cause of his own injury. If he sues and wins it would be a blight on the legal system of this country. The civil legal system in America is a joke.

Dan

[DanP]

JOW, They do now. Only in the last couple of years have they changed the system to allow this, and IMO it has wrecked the system. It would be like making a policeman a magistrate and expecting him to be fair.

Dan

[Kev Y.]

As I heard it, a very large hardware chain is being sued in WA by someone who went to one of their demos on how to build a pergola, and was hit in the eye by a chip of something while drilling when he tried to build it. It's claimed the demonstrator didn't tell him to wear safety glasses.

Waddaya think?

I THINK I know who th evillage idiot is there

[jow104]

JOW, They do now. Only in the last couple of years have they changed the system to allow this, and IMO it has wrecked the system. It would be like making a policeman a magistrate and expecting him to be fair.

Dan

But he would be experienced

[beejay1]

BJ,

You don't need to be in the legal profession to see that the moron is the cause of his own injury. If he sues and wins it would be a blight on the legal system of this country. The civil legal system in America is a joke.
Dan

My understanding of Alexs post was that the person was invited to take part in the instore demonstration. If that is the case then I would think the store was responsible for the customer's safety and good luck to the punter.
If however the customer had bought the pergola and was building it at home then hes an idiot.
beejay1

http://community.webshots.com/user/eunos9

[ozwinner]

Maybe all judges should come up through the ranks, that way they can see what is actualy going on in the world.

Its very hard to see what is going on from your ivory tower.

Al

[Sturdee]

My understanding of Alexs post was that the person was invited to take part in the instore demonstration. If that is the case then I would think the store was responsible for the customer's safety and good luck to the punter.
If however the customer had bought the pergola and was building it at home then hes an idiot.
beejay1

http://community.webshots.com/user/eunos9

I agree if it was in the store as part of the demo, which I doubt in view of liability insurances, then he has every right to sue and will win or get offered a substantial settlement, sufficient to equip a new workshop.

However if he did it with his tools at home he will loose and be responsible for all legal costs as he ignored the safety instructions supplied with all tools.

Peter.

[Cliff Rogers]

I'm with Sturdee, if the guy was using his own drill or even one he had just bought then he should have read the safety guff in the box.

HOWEVER, if he was an absolute beginner then the store demonstrator should have made a point about the safety aspect.
The problem with this is that maybe the demonstrator DID & maybe the dork was asleep, at the loo, or looking at a 'mouse pad' & not paying attention.