Disclaimers & Litigation

[FJ and G]

I'm somewhat surprised to see model railroaders not part of a commercial venture, adding disclaimers to their websites. Not all do, but some are doing it.

Some people on forums even do when offering advice.

Here's a sample of one:

http://www.stratuswave.net/~wd8jik/

DISCLAIMER:
Since we are dealing with 1. Sharp tools, 2. Electricity, 3. Hazardous and explosive fumes, 4. Hot glue, soldering irons and heat guns, I have been advised to add a disclaimer for these pages.
I have placed pages here to help my fellow modelers but be aware that there can be potentially dangerous situations. If by following the instructions as seen on these web pages and you, 1. cut yourself or, 2. burn yourself or, 3. electrocute yourself or, 4. inhale hazardous fumes or, 5. blow yourself up or, 6. injure yourself during construction, (i.e. hit your thumb with a hammer, cut off a digit) or, 7. any accident related to making anything shown on my pages, I will not be held responsible or be liable for any damages occurred. I also reserve the right to change the content, the design of or delete a web page without notice and without incurring obligations.


Dave Vergun

[daan]

That's right Dave, I'll add an ill reclaimer.. Besides that, I hope that everyone reading and following advises in these posts knows that it's at their own risk when trying things. But then again, it is the states, so everything is possible..

[daan]

Check my brand new ill disclaimer below!!
| |
| |
\ /
\ /
V

[dougdagrump]

You need disclainers on everything today and even they won't protect you totally. Since there seems to be no personal responsibility anymore. Remember the lady that sued McDonalds, and won, for a coffee burn after she took the lid off and tried to hold it with her knees. I mean the next time you go to Homedepot or Lowes check out the warnings that you will find on tools or even a ladder, how STUPID is the average consumer.
Oh! I forgot I am no longer responsible for doing stupid things!!!!![soapbox]

[IRONROOSTER]

My favorite was the car ramps I bought that said not to be used to support automobiles.

I guy I worked with several years ago was suing the manufacture of harden concrete nails because the head popped off of one and hit him in the eye. The manufacturer had negelected to state on the box that he was supposed to wear safety glasses.

Work safe.
Paul

[Anonymous]

DougDaGrump:

In one of the MTH vs. Lionel lawsuit threads, there was a pretty thorough discussion of that McDonald's case. It turns out that McD's turned down an opportunity to settle for much less than the amount awarded by the jury. The amount she got was even less than that, but more than the amount she offered to settle for originally. And McD's behavior really needed to changd -- they kept their coffee so hot that it caused 3rd degree burns in less than 15 seconds. And they'd settled over 700 other claims in the past.

Everybody sites that case as an example of the trouble with the legal system, but nobody bothers to look at the facts in the case. I'm not saying that the legal system ain't in need of a fix; just that you shouldn't judge a book by its cover.

Tony

[Anonymous]

Rooster:

Regarding ramps supporting cars, the ramps really aren't intended to hold the car up for long periods of time. The safe way to do that is with jack stands. If you're not careful and don't chock the wheels, it's possible for the car to roll off the top of the ramp & crush you, if you happen to be under the car at the time.

So, while the disclaimer seems silly, it's really there for a good reason.

The ones that make me laugh are the warnings on sleeping pilll packages: "Warning! Do not drive or operate heavy machinery after taking this medication" Well, that stinks! If you're like me, the best thing in the world to do at night is change into your pajamas, take a sleeping pill, and go outside & fire up the old bulldozer!

Tony

[Anonymous]

I hear that driving toy trains is more fun if you take lotsa drugs.....
I don't know, I haven't tried it.... don't think I will either.

Disclaimer:
The opinions expressed here are not that of Trains.com and may cause brain damage or any many other possible side effects. Do not take with food or water. Do not use in a rainstorm and wear adequate protection at all times. Batteries not included. Use at your own risk. Drink responsibly.

[IRONROOSTER]

QUOTE: Originally posted by vitabile

Rooster:

Regarding ramps supporting cars, the ramps really aren't intended to hold the car up for long periods of time. The safe way to do that is with jack stands. If you're not careful and don't chock the wheels, it's possible for the car to roll off the top of the ramp & crush you, if you happen to be under the car at the time.

So, while the disclaimer seems silly, it's really there for a good reason.

The ones that make me laugh are the warnings on sleeping pilll packages: "Warning! Do not drive or operate heavy machinery after taking this medication" Well, that stinks! If you're like me, the best thing in the world to do at night is change into your pajamas, take a sleeping pill, and go outside & fire up the old bulldozer!

Tony

I understand, but still it has to support the car long enough to put the jack stands under it and put the chocks in place. Something I always do BTW.
Enjoy
Paul

[Anonymous]

Paul:

Yep, I know. yet, when I read these disclaimers, no matter how silly they are, I usually think that someone must have done something to cause that disclaimer to appear on the package.

No doubt about it, sometimes people are just plain stupid.

Tony

[Anonymous]

It seems that the McDonald's case always comes up when folks talk about frivolous lawsuits. But that case was anything but frivolous. The women who was wronged received permanent disfiguring burns to her genitilia and her thighs from the too hot coffee. Unfortunately, sometimes the only way we can change things in this country is to hit the wrongdoers in their pocketbooks.
BillFromWayne

[Anonymous]

I don't want to insult anyone or over step my boundries on the forum but...
MCDs has to put HOT on their coffee mugs for me to know coffee will be HOT? I don't know about anyone else, but I won't put my boys in danger by doing something stupid like using my legs to hold hot coffee.

Sounds like me suing the N Y city for not telling if I play on the MTA subway tracks that I might lose my legs or get killed...
or me suing MCDs for not telling me too much super size will make me fat.

Hope I didn't offend any one
Angelo

[Anonymous]

Angelo:

Here's a short summary of the facts of the McD's case:

1. The woman in question was 81 & she was in the passenger seat. The coffee was purchased at the drive thru window.

2. She took the top off the cup to add cream & sugar & spilled it on her lap in the process. She had no other opportunity to add cream or sugar since she was never actually in the restaurant.

3. At the time, McD's kept their coffee at 180 - 190 degrees, which is hot enough to cause 3rd degree burns in less than 15 seconds. Coffee only needs to be kept at about 160 degrees to keep the flavor fresh, and the 20-30 degree temperature difference is enough to reduce the severity of the injuries and increase the time it takes to become injured.

4. McD had settled over 700 suits out of court previously, yet they didn't lower the temperature of their coffee.

5. Due to the extent of the lady's burns, she had incurred well over $1000 in medical bills. I forget the exact amount. I think it was close to $11,000. All she asked for was to be reimbursed for the medical bills.

6. McD's offered her $800, which was no more than a joke.

7. Her lawyers tried to settle the case several times & McD's refused each time.

8. A representative of the McDs in question testified that there were no plans to change the temperature at which the coffee would be kept.

McD's got what they deserved. People were scalding themselves on McD coffee, not just this old lady but over 700 others. They needed to change their practices & weren't going to do it until someone hit them over the head with a 2x4.

This isn't like playing on the subway tracks, it's more like the MTA putting the third rail on the station platform & not removing it when someone electrocutes themselves.

Tony

[Anonymous]

Tony,
I see your point, I agree I would probably sue out of principle if they tried to give me 800 dollars... [:D] On a lighter note, if MTA did put a third rail on the platform I'd like to see the guy who goes and touches it. Think summertime and bug lamp.

Angelo