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Suing Again? Options · View
Guest
Posted: Saturday, January 19, 2013 9:51:56 PM

Rank: Lurker

Joined: 12/1/2006
Posts: 537,935
So it seems to me like people's first reaction to any little thing is: "well who can I sue?" its gotten to the point where I had to sign a freaking waiver in order to volunteer in a park on MLK day. VitaminWater and Coca Cola are in the news recently because some non-profit is suing them over the fact that VitaminWater isn't healthy. To me this is bullshit. I love VitaminWater. Are their healthier ways to get the same vitamins in larger quantities? Yeah but none taste as good! That said, do you really think suing is the right response? I just want to know what lush thinks of this trend of solving problems, as my friend put it, "like white people" (THE WORDS IN QUOTES ARE A FREAKING JOKE, LIGHTEN UP LUSH)
Buz
Posted: Saturday, January 19, 2013 10:03:56 PM

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Joined: 3/2/2011
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Location: Atlanta, United States
Excuse me...."like white people"? Just what does that mean?

MrNudiePants
Posted: Saturday, January 19, 2013 10:10:48 PM

Rank: Forum Guru

Joined: 8/10/2009
Posts: 2,141
Location: United States
Buz wrote:
Excuse me...."like white people"? Just what does that mean?


First World Problems...





Dani
Posted: Saturday, January 19, 2013 10:20:26 PM

Rank: Big-Haired Bitch

Joined: 12/25/2010
Posts: 4,727
Location: Under Your Bed, United States




Baby put your arms around me, tell me I'm a problem...

WellMadeMale
Posted: Saturday, January 19, 2013 10:27:53 PM

Rank: Constant Gardener

Joined: 9/30/2009
Posts: 10,302
Location: Cakeland, United States
BablingBrooke wrote:
I just want to know what lush thinks of this trend of solving problems, as my friend put it, "like white people"


Show us your pussy, <3rooke, you've already shown us your ass. Can you display a photograph of someone not easily found via Tineye?

Thanks much

If ya can't beat 'em... pay someone to do it for you.
kylie_kained
Posted: Saturday, January 19, 2013 10:29:50 PM

Rank: Detention Seeker

Joined: 8/17/2010
Posts: 994
Location: Over your Knee Screaming and Kicking!, United King
In this day and age it's a dog eat dog world the bigger more affluent people trying to wipe the small fry out.
















Dani
Posted: Saturday, January 19, 2013 10:32:41 PM

Rank: Big-Haired Bitch

Joined: 12/25/2010
Posts: 4,727
Location: Under Your Bed, United States
Quote:
Favorite Music:T.I. Nicki Minaj, any other ghetto trash that white girls tend to listen too as an act of defiance.

I'm not judging or anything, but if this little snippet from your profile and the last part of your question is any indication, it seems you have bigger issues to deal with than who's suing who.



Baby put your arms around me, tell me I'm a problem...

sprite
Posted: Saturday, January 19, 2013 11:06:42 PM

Rank: Her Royal Spriteness

Joined: 6/18/2010
Posts: 14,662
Location: My Tower, United States
niceguy89
Posted: Saturday, January 19, 2013 11:24:33 PM

Rank: Forum Guru

Joined: 11/16/2009
Posts: -24
Location: Texas, United States
This really is a issue I hate. Just getting a part-time job seems to take hours of signing forms, contracts, policies, and all kinds of legal voodoo. So many people tryng to cover their ass from lawsuits. Nobody can just relax and live life. The world today depends on the courts and "big brother" to handle every little problem. We all need to just remove the stick from each other's ass.
pixiedust65
Posted: Saturday, January 19, 2013 11:37:55 PM

Rank: Forum Guru

Joined: 1/17/2013
Posts: 347
Location: Over the Rainbow, Canada
slipperywhenwet2012 wrote:

I'm not judging or anything, but if this little snippet from your profile and the last part of your question is any indication, it seems you have bigger issues to deal with than who's suing who.


I totally agree. Sounds like a more underlying problem.


As for your original post, we also need to take into account, that a lot of these things are in place to prevent people from being taken advantage of, granted some people take advantage of this themselves. Read it

pixiedust65
Posted: Saturday, January 19, 2013 11:40:10 PM

Rank: Forum Guru

Joined: 1/17/2013
Posts: 347
Location: Over the Rainbow, Canada
niceguy89 wrote:
This really is a issue I hate. Just getting a part-time job seems to take hours of signing forms, contracts, policies, and all kinds of legal voodoo. So many people tryng to cover their ass from lawsuits. Nobody can just relax and live life. The world today depends on the courts and "big brother" to handle every little problem. We all need to just remove the stick from each other's ass.



Once again, like I stated up there, those things are to protect you , as much as they are to cover their own ass.




DLizze
Posted: Sunday, January 20, 2013 4:59:30 AM

Rank: Story Verifier

Joined: 4/23/2011
Posts: 2,552
We are a litigious society. No offense to one of my Lushie friends, but I think it is a sad commentary that the highest paid members of our society are financiers and attorneys, neither of whom do anything productive in the real sense.

"There's only three tempos: slow, medium and fast. When you get between in the cracks, ain't nuthin' happenin'." Ben Webster
Jack_42
Posted: Sunday, January 20, 2013 6:03:36 AM

Rank: Forum Guru

Joined: 8/21/2009
Posts: 986
Location: Prague, Czech Republic
Never sued anybody in my life. My ex sued for a divorce but I just ignored all the correspondence until the final one that said I was divorced.
Jack_42
Posted: Sunday, January 20, 2013 6:58:47 AM

Rank: Forum Guru

Joined: 8/21/2009
Posts: 986
Location: Prague, Czech Republic
kyliekained wrote:
In this day and age it's a dog eat dog world the bigger more affluent people trying to wipe the small fry out.


When was it any different - which particular time period? My mother used to say things in the past were better and I used to ask her ''was this magical time after WWI and between WWII but that brings to mind the depression'' so when was it that the haves were philanthropic to the have nots without the have nots making demands such as the general strike or the sadly unsuccessful rebellion by Wat Tyler?
keoloke
Posted: Sunday, January 20, 2013 7:27:04 AM

Rank: Forum Guru

Joined: 8/12/2010
Posts: 599
Location: United States
I feel compelled to put my two cents into this post.
If someone order a cup of coffee, than sues an establishment and "win" millions in the settlement because the coffee is hot and it burned her...Than I feel that's a frivolous wrongful lawsuit.

If Vitamin Water (and so many other companies) are cashing in on a "healthful label" that is deceiving the consumer. If you're concerned about the food that you buy, it should not be an investigation to shop for healthy options. Lots of misused words abound as organic, healthy, heart friendly, etc. I even saw a sign describing their store made hot-dogs as gourmet ones.

Regarding the "white......" I'm not going to comment as I would believe we would not go anywhere.


Choose n Practice Happiness

Life is simple; we are what we eat and what we read. Talk is superfluous.
nazhinaz
Posted: Sunday, January 20, 2013 7:29:15 AM

Rank: Forum Guru

Joined: 1/16/2010
Posts: 293
Location: Longview, United States
[quote=MrNudiePants]

First World Problems...
/quote]
You absolutely right.
Its first world problems.
We in our daily life proceed from thanking each other, hold the door till the next takes over and try to be first to say sorry, pardon me.
As a society we are polite, nice to each other and try to forgive and help each other.
But as citizens of first world, we take it our birth right to go into litigation for petty issues.
This is manifestation of an assertive mood as citizens of first world.
If we don't like a certain product, we may not go for it and let it be enjoyed by those who like.
Guest
Posted: Sunday, January 20, 2013 9:23:54 AM

Rank: Lurker

Joined: 12/1/2006
Posts: 537,935
Sorry if the comment from my friend offended anyone. I dont necessarily agree with her about suing being white people's solution I was just trying to lighten the mood a little bit LOL. As for the people who actually took the question seriously, I agree with a lot of what you said. @pixidust65 I understand that many of these documents are actually to protect me it just seems like a sad commentary when we sue a company for marketing or when a charity organization is so worried about being sued that I have to sign a waiver to volunteer my time with them. I do understand that contracts and waivers have a place, however, in our day it seems like there are sooo many of them and that the point of many is just to keep people from suing the person who issued it.

As for my taste in music I can't help what gets me going!
elitfromnorth
Posted: Sunday, January 20, 2013 6:05:47 PM

Rank: Brawling Berserker

Joined: 2/12/2012
Posts: 1,620
Location: Burrowed, Norway
This is the typical outsider looking in, but it seems that the US is a society where you shouldn't need to use common sense in order to get by. When you can sue the microwave company because it didn't say "Don't dry your cat in the microwave"(maybe that one is just an urban myth, but no smoke without fire) then you get a feeling that on the statue of liberty where it says "Give us your sick, your poor and your hungry" they forgot to put on "and those who can't fucking think for themselves".

As for the McDonalds lawsuit I saw a documentary that the old lady won because the temperature of the coffee was 90 degrees celsius, while the Maccy guidelines says it should be 70. For those of you that don't do centigrade, water freezes at 0 and boils at 100.

"It's at that point you realise Lady Luck is actually a hooker, and you're fresh out of cash."
Guest
Posted: Sunday, January 20, 2013 7:15:06 PM

Rank: Lurker

Joined: 12/1/2006
Posts: 537,935
Mcdonalds was sued because someone spilled theri coffee. Baseballs come with a warning on the package, "May cause brain injury or death if hit in head" because someone sued. While I was working for Target Dept. Stores a customer sued because they walked into a bright read pole. This is why orginaiztions have to protect themselves with endless forms and red tape. Even when some one is doing a good thing volenteering for a good cause like you are clapping . Its a sad commentary om our socieity. I guess we just need to "Nerf" the whole world.... Then what would be the fun in that.

As far as musical tastes... I grew up on Black Sabbath, and Led Zeppelin. My Parent hated it. They love Elvis, their parents hated it. I don't get rap but am open minded enough to say if its what you like, its what you like, go for it.
Ruthie
Posted: Sunday, January 20, 2013 7:57:23 PM

Rank: Story Verifier

Joined: 10/21/2010
Posts: 2,402
Location: United States
WellMadeMale wrote:


Can you display a photograph of someone not easily found via Tineye?

Thanks much


Once it's posted won't it be easily found on Tineye?
Ruthie
Posted: Sunday, January 20, 2013 7:58:46 PM

Rank: Story Verifier

Joined: 10/21/2010
Posts: 2,402
Location: United States


I tried uploading this picture but all I get is an error message. Okay, first I tried it with a TinEye search just on the image, and then I tried posting it to Lush, which worked temporarily, but when I started to edit it and put in my results, because I didn't want to waste a lot of space with my experiment, it wouldn't display the picture.

But, while the picture was displayed before the attempt to add this message via editing, TinEye told me that the URL wouldn't display, then sure enough it wouldn't.

This is my third attempt at editing, and I've forgotten what the question was.
Guest
Posted: Sunday, January 20, 2013 8:24:23 PM

Rank: Lurker

Joined: 12/1/2006
Posts: 537,935
Once again, back to the original question and not the bullshit drama, what @phoenix69 about people suing for walking into a red pole or spilling a HOT beverage like coffee is why I started this thread, all of these bullshit lawsuits really make me mad and make a mockery of the legal system! I understand the need for the red tape it just makes me soooo mad!
Ruthie
Posted: Sunday, January 20, 2013 9:06:41 PM

Rank: Story Verifier

Joined: 10/21/2010
Posts: 2,402
Location: United States
BablingBrooke wrote:
Once again, back to the original question and not the bullshit drama, what @phoenix69 about people suing for walking into a red pole or spilling a HOT beverage like coffee is why I started this thread, all of these bullshit lawsuits really make me mad and make a mockery of the legal system! I understand the need for the red tape it just makes me soooo mad!


Most tort reform laws are just attempts to limit liabilities for insurance companies and corporations. Civil law has traditionally been the place where wrong doers can be taken when there is no recourse in criminal court. If the carelessness of a corporation or individual causes me harm, why shouldn't they be liable for causing me injuries? There is no evidence that tort reform has reduced medical costs, pretty much all it has done is to limit the amount insurance companies have to pay out. It hasn't even reduced malpractice insurance prices. What it has done is to increase the profits of malpractice insurers.

I suppose you're referring to the MacDonald's coffee case where a woman sued because she had a cup of hot coffee spilled on her. Lieback vs. McDonald's restaurants. In that case the coffee was scalding hot, so hot that it caused instantaneous skin destruction. Mrs. Lieback suffered third degree burns over six percent of her body, including her genitals. She was in the hospital for eight days and had to have extensive surgery. She offered to settle for twenty thousad dollars, but MacDonald's refused.

During the discovery phase of the lawsuit MacDonald's produced documents showing that there had been 700 claims against them in the last ten years because of their scalding coffee. Many of the cases were similar to the Lieback case. MacDonald's kept it's coffee at 180° to 190° F. Most places keep their coffee between 130 and 140 degrees. The quality control manager testified that MacDonald's policy was to keep coffee at the higher temperature despite knowing that coffee that hot would cause third degree burns. Liquids at 180° F will cause third degree burns within two to seven seconds.

The corporation had already had 700 chances to reduce the temperature of it's coffee to one that didn't cause instant third degree burns, but had refused. They knew that the coffee they were serving was dangerously hot. The jury found Liebeck to be 20% at fault, and reduced the compensatory damages from $200,000 to $160,000. The judge reduced the 2.7 million dollar punitive damage award to $480,000. She didn't even get all of that, since MacDonald's appealed, finally settling for an undisclosed amount.

MacDonald's knew that they were at fault, that their coffee shouldn't have been so hot that it would cause injuries, but they chose to ignore that until they were brought to court. They could have settled for twenty thousand dollars, but chose to litigate instead. Still, 79 year old Stella Liebeck is made to seem like the villain in the case.

Of course there are frivolous law suits, but the reason the insurance companies and corporations want tort reform is to enable them to make more profits.
Guest
Posted: Sunday, January 20, 2013 10:40:48 PM

Rank: Lurker

Joined: 12/1/2006
Posts: 537,935
Actually I didn't know all that about Mcdonalds. Good to know. I did a quick search on it and came up with this. ( When I go to star buck ar similar coffee shop I have actually asked them to cool it for me. If I don't I have to put in the cup holder and start drinking in about 15 min.)


"Similar lawsuits against McDonald's in the United Kingdom failed. In Bogle v. McDonald’s Restaurants Ltd., Field, J. rejected the claim that McDonald's could have avoided injury by serving coffee at a lower temperature.

"If this submission be right, McDonald's should not have served drinks at any temperature which would have caused a bad scalding injury. The evidence is that tea or coffee served at a temperature of 65 °C will cause a deep thickness burn if it is in contact with the skin for just two seconds. Thus, if McDonald’s were going to avoid the risk of injury by a deep thickness burn they would have had to have served tea and coffee at between 55 °C and 60 °C. But tea ought to be brewed with boiling water if it is to give its best flavour and coffee ought to be brewed at between 85 °C and 95 °C. Further, people generally like to allow a hot drink to cool to the temperature they prefer. Accordingly, I have no doubt that tea and coffee served at between 55 °C and 60 °C would not have been acceptable to McDonald's customers. Indeed, on the evidence, I find that the public want to be able to buy tea and coffee served hot, that is to say at a temperature of at least 65 °C, even though they know (as I think they must be taken to do for the purposes of answering issues and that there is a risk of a scalding injury if the drink is spilled."

Other major vendors of coffee, including Starbucks, Dunkin' Donuts, Wendy's and Burger King have been subjected to similar lawsuits over third-degree burns.

Liebeck's attorney, Reed Morgan, and the Association of Trial Lawyers of America defend the lawsuit by claiming that McDonald's reduced the temperature of their coffee after the suit. Morgan has since brought other lawsuits against McDonald's over hot-coffee burns. McDonald's policy today is to serve coffee between 80–90 °C (176–194 °F), relying on more sternly-worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee. The Specialty Coffee Association supports improved packaging methods rather than lowering the temperature at which coffee is served. The association has successfully aided the defense of subsequent coffee burn cases."
---
So they haven't lowered the temp just safer cups and larger warnings.
Sixstone
Posted: Monday, January 21, 2013 2:26:39 AM

Rank: Advanced Wordsmith

Joined: 1/19/2013
Posts: 60
Location: Canada
I know it's a first world problem and all but.. to be honest, half of the reasons (maybe more come to think of it) for these lawsuits are for some of the most inane reasons I've seen. I'll admit that I facepalmed when I heard someone sued McDonalds because their food made them fat (happened in Brazil, sadly), or when a burglar tries suing a homeowner after getting injured or shot (lost count of how many of those I've seen on Google).

It's gotten to the point where the thought of suing someone seems a lot easier than using common sense. d'oh!
Guest
Posted: Monday, January 21, 2013 7:38:26 AM

Rank: Lurker

Joined: 12/1/2006
Posts: 537,935
Just woke up this morning and was lying in bed listening to the radio. Subway foot long sandwichs are only 11". Can anyone say lawsuit. Well I guess size really does matter!
Dancing_Doll
Posted: Monday, January 21, 2013 7:58:10 AM

Rank: Alpha Blonde

Joined: 2/17/2010
Posts: 6,302
Location: West Coast
Phoenix69 wrote:
Just woke up this morning and was lying in bed listening to the radio. Subway foot long sandwichs are only 11". Can anyone say lawsuit. Well I guess size really does matter!


They must be measuring in the same way that guys measure their dicks. It's always off by at least an inch.


Dancing_Doll
Posted: Monday, January 21, 2013 8:11:41 AM

Rank: Alpha Blonde

Joined: 2/17/2010
Posts: 6,302
Location: West Coast
BablingBrooke wrote:
So it seems to me like people's first reaction to any little thing is: "well who can I sue?" its gotten to the point where I had to sign a freaking waiver in order to volunteer in a park on MLK day. VitaminWater and Coca Cola are in the news recently because some non-profit is suing them over the fact that VitaminWater isn't healthy. To me this is bullshit. I love VitaminWater. Are their healthier ways to get the same vitamins in larger quantities? Yeah but none taste as good! That said, do you really think suing is the right response? I just want to know what lush thinks of this trend of solving problems, as my friend put it, "like white people" (THE WORDS IN QUOTES ARE A FREAKING JOKE, LIGHTEN UP LUSH)


The Vitamin Water fiasco and other related "I'm suing this company because I'm too dumb to the look at the label" type suits are completely ridiculous. There should be set fines, above and beyond initial legal fees, for people that start lawsuits like this and lose. If someone drinks vitamin water and thinks they are getting any more of a health benefit than eating a vit-c capsule then they need to get their head examined. Vit-water is built on fun-marketing labels, the taste, and an alternative to plain water. Nothing wrong with that. I love it as well. Although Vitamin Water Zero is a good alternative to cut down on cals/sugar. Consumers need to take responsibility for themselves and what they buy and maintain 'reasonable' expectations.


Guest
Posted: Monday, January 21, 2013 11:52:25 AM

Rank: Lurker

Joined: 12/1/2006
Posts: 537,935
Dancing_Doll wrote:


The Vitamin Water fiasco and other related "I'm suing this company because I'm too dumb to the look at the label" type suits are completely ridiculous. There should be set fines, above and beyond initial legal fees, for people that start lawsuits like this and lose. If someone drinks vitamin water and thinks they are getting any more of a health benefit than eating a vit-c capsule then they need to get their head examined. Vit-water is built on fun-marketing labels, the taste, and an alternative to plain water. Nothing wrong with that. I love it as well. Although Vitamin Water Zero is a good alternative to cut down on cals/sugar. Consumers need to take responsibility for themselves and what they buy and maintain 'reasonable' expectations.


I Agree completely! I don't use Vitamin Water as a substitute to vitamin supplements, who the hell would? It tastes good its marketed everywhere and the energy edition gives me a small boost without making me hyper as fuck! It makes me so mad to think that anyone would build a case against the company based on their name and a few exaggerated marketing claims! But that's the world we live in! I agree completely with your idea for a fine as well @Dancing_Doll these lawsuits are waisting tax payer dollars not to mention the time of judges that could be better spent hearing legitimate cases.
pixiedust65
Posted: Monday, January 21, 2013 11:57:11 AM

Rank: Forum Guru

Joined: 1/17/2013
Posts: 347
Location: Over the Rainbow, Canada
It is sad, but as long as there are laws there are going to be people trying to take advantage of them. Not much you can do. Even if the laws were changed, people would once again find a " work around". As for the water, I agree with Dancing Doll. Read labels people. That is what they are there for.

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