banzaibird
(.333 member)
28/02/07 01:00 PM
Re: Hey guys, What about failures?

Thanks Curl, as I said it isn't an area that I really have ever given much thought too. Though I obviously should have.

I will say that I don't think a proof would actually stop the lawsuit on the maker and in fact would probably just give the complaintent another person to sue. I'm also not sure that documenting a home proof wouldn't aid your defense. Especially if you were going about it in a manner that was consistant with the "standards" the proof house uses. I say this because of a court case I was involved in years ago. Now it didn't pertain to guns but used the same principals of "informed improvisation" as the lawyers coined as the phrase they used to describe the procedure the defendent used. The defendent in that case won. Now whether that was directly related I can't say but it seemed quite convincing.

I'm not a lawyer but unfortunately in my job I've spent my fair share of time in court. First as far as civil liability you and I both know that you can get sued at any time. That's one of those things that what's right doesn't always prevail. I'll use my last court room expeirence for an example. A teenager thought that in the freezing weather that spraying the sidewalk in front of the neighbors house would be a fun joke to play on the neighbors kid. Well in the process teen 1 (the joker) falls on the ice he created and fractured his pelvis in several places. Then he the jokester sues the neighbor and wins. I mean he fell on ice he created and still he wins.

Overall I believe our legal system is pretty screwed. However you have fantastic thoughts and definately food for thought on this sometimes controversial subject.

I will ask for your thoughts (not opinion so we can stay away from your disclaimer ). How do you think actiona such as Merkels that are all built on the same action from the factory would fall into the equation?

Curl, also please don't take my bloodsucker comment to heart. I regularly hunt with a Lawyer. So please just take it as a goodwilled ribbing.

Bill

P.S.- I do want to point out that I've never been sued. I've always been either a witness for one side or the other or an "expert" in my field.



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