Re: Can this career be saved?

[Ken Poshedly <poshedly -at- bellsouth -dot- net>]

I agree that making the product safer with decals and labels helps even more 
safer, but I don't believe the absence of those labels would result in a verdict 
for the plaintiff if the operator manual -- complete with all safety info -- was 
supplied.

-- Ken




________________________________
From: Tony Chung <tonyc -at- tonychung -dot- ca>
To: Ken Poshedly <poshedly -at- bellsouth -dot- net>
Cc: Gene Kim-Eng <techwr -at- genek -dot- com>; "techwr-l -at- lists -dot- techwr-l -dot- com" 
<techwr-l -at- lists -dot- techwr-l -dot- com>
Sent: Fri, June 10, 2011 4:29:02 PM
Subject: Re: Can this career be saved?

I dunno. Gene is onto something. That's got to be the reason why
equipment now comes with sticky labels and wrapped components with
printed warnings, to circumvent those who will injure themselves
expecting to build their case around a manual the manufacturer knows
nobody reads.

-Tony



On 2011-06-10, at 1:04 PM, Ken Poshedly <poshedly -at- bellsouth -dot- net> wrote:

> Gene, Gene, Gene, Gene .......surely you know better (that what you said is 
not
> necessarily true).
>
>
> There are decisions that are not necessarily case law and do not affect future
> decisions. This one was probably a lower court decision, but being 16 years 
ago
> or so, I just don't recall.
>
> -- Ken
>
>
>
>
> ________________________________
> From: Gene Kim-Eng <techwr -at- genek -dot- com>
> To: techwr-l -at- lists -dot- techwr-l -dot- com
> Sent: Fri, June 10, 2011 3:48:46 PM
> Subject: Re: Can this career be saved?
>
> And now there's precedent for a future victim of a similar nail gun accident
> to argue that a nail gun manufactured after this case that lacks a safety
> lock that doesn't depend on users to read and follow manuals that the
> manufacturer now knows they don't read was negligently designed.
>
> Gene Kim-Eng
>
>
> On Fri, Jun 10, 2011 at 12:02 PM, Ken Poshedly <poshedly -at- bellsouth -dot- net>wrote:
>
>> On the witness stand, the guy with the nail-gun was asked "Did you read the
>> owner's manual?" Answer, "No."
>>
>> Next question: "Was there an owner's manual for the nail-gun?" Answer, "I
>> don't
>> know."
>>
>> Next question: "If there was an owner's manual, would you have read it?"
>> Answer,
>> "No."
>>
>> Verdict was obviously for the defendant.
>>
>>
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