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Settlement reached in fatal Sea-Doo accident
The lawsuit contended that SeaDoo was liable because they failed to have an adequate warning sticker on the watercraft. The mother said that if they had a sticker (a number 16 and a line through it), her daughter wouldn't have died. As sad as this story is, I would not have held SeaDoo liable for much because the craft did exactly what it was made to do. It was not responsible for the accident. How about this story? A couple's motorhome is in the shop for 5 full weeks waiting for repair of the refrigerator. The finally tell the shop that they are picking up the motorhome with or without a refrigerator. They are pleased to see that a new refrigerator has been installed when they pick it up. By midnight the next day, the motorhome is reduced to basically a flatbed trailer. The man escaped because he was close to the door when the fire started, the woman did not escape. The evidence shows that the motorhome was filling up with carbon monoxide because of a faulty refrigerator or improper installation. The refrigerator itself had been recalled for starting fires. Who should pay? The shop? The refrigerator manufacturer? The motorhome manufacturer? All three? The motorhome manufacturer built a motorhome that was reduced to rubble in the space of half an hour. The refrigerator manufacturer failed to see to it that all of the recalled refrigerators were back in their possession. When issuing a recall in which a previous death occured, it was incumbent upon them to do so. The shop had to be aware that certain refrigerators had been recalled - specifically this model. The dead woman was my Dad's wife. She was 44. What do y'all think?
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"Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves." ~Ronald Reagan |
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I would not find the motorhome maker liable if the motorhome were up to specs in terms of fire safety. A hot enough fire will pretty much burn anything quickly. Further, nothing they put in the motorhome caught fire. It was an after market product. The fridge maker would pay heavily, however, unless it was clearly a case of improper installation. I would think liability would rest with the fridge maker and the shop to varying percentages depending on the facts.
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I wasn't born with enough middle fingers. |
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Voltaire: “Anyone who has the power to make you believe absurdities has the power to make you commit injustices.” |
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I would certainly use cases like this to try to get guidelines strengthened. Also, people should be educated about what they are buying. Another thing is the emergency exit was in the bedroom window - too high for escape had she had the time (she didn't). A smoke alarm is just a joke when the whole thing goes up like a match.
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"Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves." ~Ronald Reagan |
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I think proving negligence for the motorhome maker may be hard if they followed standard industry guidelines and met all federal requirements (but I don't have all the facts, obviously). Some fires get awfully hot and most everything in a motorhome is flammable. Did your dad bring a case?
My brother was killed 3 years ago and we filed a wrongful death suit. (*)(*)(*)(*) those things move slowly.
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I wasn't born with enough middle fingers. |
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I do believe the shop is the most culpable. I would go so far as to call it extreme indifference to human life. I'd like to see DeMontrond go out of business. Someone knew.
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"Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves." ~Ronald Reagan |
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"Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves." ~Ronald Reagan |
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It sounds like the shop had the camper for a long time and when they were told the camper was going to be picked up no matter what they threw in what they knew was defective equipment in a pinch. It might be they were waiting for the good equipment to be delivered and it was going to take time.
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Voltaire: “Anyone who has the power to make you believe absurdities has the power to make you commit injustices.” |
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Regarding the fridge, the maker can't force people to give them back, but they can get everything that's uninstalled back.
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I wasn't born with enough middle fingers. |
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