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  1. #31
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    Default Re: Blitz USA is no more thanks to lawyers

    We all can agree that those people lack basic common sense. I'm also of the opinion that gas cans in general are of poor design and quality.
    (i have 8 cans and they all leak or drip from the can, where the spout is screwed on while pouring gas. Including my newest one)
    I like plastic cans, compared to metal ones, Just wish i could buy a can with a leak proof spout.

  2. #32
    Super Member mjncad's Avatar
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    Default Re: Blitz USA is no more thanks to lawyers

    Quote Originally Posted by hosspuller View Post
    Either Blitz's lawyer was incompetent or the jury pool was overfilled with stupid. I've been called for jury duty 3 times in 3 states. Each time, when ever the potential jurist's occupation required medical, accounting, engineering, or science training, they were given an immediate dismissal. The lawyers are looking for stupid.
    That's exactly what the shyster lawyers want...stupid people who are unable to critically think for themselves. The people who have occupations that you listed generally can think for themselves and have the intelligence to not be swayed by irrational emotion, or in the case of O.J. Simpson...a celebrity.
    Paraphrasing Douglas Adams - So long and thanks for all the bacon.

  3. #33
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    Default Re: Blitz USA is no more thanks to lawyers

    In a previous life I came into possession of a "handout for the beginner prosecutor." While I can't believe they actually put it on paper rather than doing it by word of mouth they stated very specifically that when selecting jurors there were things that you wanted to look out for. Basically it went on to say that you should always try to determine which of the jurors you can make think the way you want them to think. If it appeared the individuals were not willing to believe what you told them, then they should be challenged and removed. Basically if they were capable of independent thought they were not what you wanted. Only the ones who could be told what to believe would make good jurors for the case. Just remember that the jurors are the "triers of fact." Unfortunately the only facts that they get to hear are the ones that the judge wants them to hear. How does any totalitarian government control the masses? They control what the masses hear and learn and thus shape their reality. Likewise the judge shapes the jurors reality by controlling and ruling on which facts are allowed to be presented. Would not want to let them have the whole truth they might not be able to handle the whole truth. Of course there are circumstances in which the law does not allow certain info to be presented.
    Both defendant and plaintiff lawyers are barred from presenting evidence all the time and yes appeals courts do correct the error sometimes but in that duration the poor defendant may be in prison with the loss of the rest of his life while he waits for the appeals court to fix the problem. All because of reversible error by the judge.

  4. #34
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    Default Re: Blitz USA is no more thanks to lawyers

    I find it odd that people so readily center blame on the lawyers. If you setup a system that can be taken advantage of, then it is foolish not to expect someone to come along and do so... Lawyer, doctor, truck driver, whatever. I don't know about you but if I setup two doors and one is labelled "high road" and the other "1 million dollars", I know which one I'll expect most people to walk through. Some won't... Most will.

    Given that, it seems more honest to blame ourselves... Society. We elected legislatures which created laws leading to this, and we were the juries that gave awards over and over (which made the precedents). I'm mad at the jury mostly, everyone condemns "the **** lawyers" but is was the jury who was weak. It was quite literally that idiot's lawyer's JOB to make the best case possible, but it certainly wasn't the jury's job to give that idiot a payday because they felt sorry for him. Do I wish that lawyer had passed? Sure, but I know someone else would take his (or her) place, so I'd rather prevent the whole thing.

    I'm not a lawyer, and am someone who shudders when it reaches that point. But I do think we should center the blame on the people making the rules, not the ones following them. Don't kid yourselves like that jury did, precedent is huge in law and juries set it. That jury just set another block in the wall that we will now have to live with unless another jury or a legislature removes it.

  5. #35
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    Default Re: Blitz USA is no more thanks to lawyers

    Quote Originally Posted by HunterWare View Post
    I find it odd that people so readily center blame on the lawyers. If you setup a system that can be taken advantage of, then it is foolish not to expect someone to come along and do so... Lawyer, doctor, truck driver, whatever. I don't know about you but if I setup two doors and one is labelled "high road" and the other "1 million dollars", I know which one I'll expect most people to walk through. Some won't... Most will.

    Given that, it seems more honest to blame ourselves... Society. We elected legislatures which created laws leading to this, and we were the juries that gave awards over and over (which made the precedents). I'm mad at the jury mostly, everyone condemns "the **** lawyers" but is was the jury who was weak. It was quite literally that idiot's lawyer's JOB to make the best case possible, but it certainly wasn't the jury's job to give that idiot a payday because they felt sorry for him. Do I wish that lawyer had passed? Sure, but I know someone else would take his (or her) place, so I'd rather prevent the whole thing.

    I'm not a lawyer, and am someone who shudders when it reaches that point. But I do think we should center the blame on the people making the rules, not the ones following them. Don't kid yourselves like that jury did, precedent is huge in law and juries set it. That jury just set another block in the wall that we will now have to live with unless another jury or a legislature removes it.
    I totally agree with your post, I may include that lawyers have the same choice. Case in point :-), buddy at work was hit by someone that didn't stop at stop sign. Five years later, his car insurance company gets sued by the driver of the car. The insurance company settles out of court. My friend's lawyer said that the people that sued will probably get a couple thousand dollars to split and the lawyer the rest.

    So the people that sued and their lawyer had choices.

  6. #36
    Super Star Member k0ua's Avatar
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    Default Re: Blitz USA is no more thanks to lawyers

    Quote Originally Posted by HunterWare View Post
    I find it odd that people so readily center blame on the lawyers. If you setup a system that can be taken advantage of, then it is foolish not to expect someone to come along and do so... Lawyer, doctor, truck driver, whatever. I don't know about you but if I setup two doors and one is labelled "high road" and the other "1 million dollars", I know which one I'll expect most people to walk through. Some won't... Most will.

    Given that, it seems more honest to blame ourselves... Society. We elected legislatures which created laws leading to this, and we were the juries that gave awards over and over (which made the precedents). I'm mad at the jury mostly, everyone condemns "the **** lawyers" but is was the jury who was weak. It was quite literally that idiot's lawyer's JOB to make the best case possible, but it certainly wasn't the jury's job to give that idiot a payday because they felt sorry for him. Do I wish that lawyer had passed? Sure, but I know someone else would take his (or her) place, so I'd rather prevent the whole thing.

    I'm not a lawyer, and am someone who shudders when it reaches that point. But I do think we should center the blame on the people making the rules, not the ones following them. Don't kid yourselves like that jury did, precedent is huge in law and juries set it. That jury just set another block in the wall that we will now have to live with unless another jury or a legislature removes it.

    He speaketh the truth.
    James KUA

    Kioti DK35se hydrostat with 2 QA buckets, 48 inch. King Kutter Rotary Cutter. 750 lbs ballast box. Loaded tires, Construction Attachments SSQA Lightweight Pallet forks. EA 50 inch single lid "wicked" Grapple. Satisfied Everlast PA160 welder owner How to add a link to a post . Best way to search TBN


  7. #37
    Gold Member LMan1967's Avatar
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    Default Re: Blitz USA is no more thanks to lawyers

    But, to follow that train of thought.....how many people in the 'political process' are lawyers? Sooooooo who's actually making the rules that are then taken adv of?


    insert famous Pogo saying here
    Proverbs 31:6-7
    Lord, help me to be the kind of person my kudzu thinks I am.

  8. #38
    Veteran Member chad22's Avatar
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    Default Re: Blitz USA is no more thanks to lawyers

    Wow this is just Crazy.

    In the one case Blitz lost, in 2010, a Utah jury awarded more than $4 million to the father of a 2-year-old girl killed when a Blitz can exploded after the father, David Calder, tried to start a fire in a wood-burning stove in his trailer home by pouring gasoline on the flame.
    Now that definitely wasn't the fault of Blitz. That was the fault of the father. He should have known better than to use gasoline to start his wood stove.

    That's a defect with the dads brain. Not a defect with the gas can. I would have thrown that case out if I was the judge. And probably have sent the dad for evaluation.

    Chad
    Remodeling 100 year old house
    I'm buying a 100 year old house that is in need of a serious makeover. I will be posting pics of the remodeling in the thread at the link.

    Updated with new pics on 3/30/2015

  9. #39
    Veteran Member chad22's Avatar
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    Default Re: Blitz USA is no more thanks to lawyers

    Mr. Calder argued successfully that the explosion would not have happened had the can been equipped with a flame arrester, a piece of wire mesh placed at the opening of a container that blocks flames from entering.
    NO. I have to argue with you Mr. Calder. The explosion would not have happened had you NOT tried to start you stove with Gasoline.

    Chad
    Remodeling 100 year old house
    I'm buying a 100 year old house that is in need of a serious makeover. I will be posting pics of the remodeling in the thread at the link.

    Updated with new pics on 3/30/2015

  10. #40
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    Default Re: Blitz USA is no more thanks to lawyers

    Tort cases and awards have three players, Plaintiff, Lawyer and the most important the Juror. The Plaintiff usually in the majority of Tort cases injuries himself/herself through some act that is usually preventable. They then find a Lawyer who will sue on their behalf for 40-80 percent of the award. The Juror who was selected through a psychological profile group of questions and who will in most instances find in favor of the Plaintiff.

    Don’t be surprised if you are summoned for Jury duty in a civil suit where a large sum is being sought and you have to complete a several page questionnaire and mail in several days prior to reporting for jury duty. Then when you report for jury duty, you are summarily dismissed.

    Check out some of the new baby strollers. Manufactures have started affixing a label that says, “Please Remove Child before Folding Stroller for Transport”. Now tell me, what person with the IQ of a brick would not know that?

    For a review of a listing of the most Tort friendly and unfriendly states click on this link: PRI*•*Pacific Research Institute • 2010 Tort Liability Index Ranks States Tort Climate The way the document is worded it will give the wrong impression at first read. The "BEST" mean at preventing tort suits and the "WORST" means states where tort cases are frequently filed and won.
    http://www.pacificresearch.org/docLi...Index_2010.pdf
    Last edited by Gator6x4; 10-09-2012 at 01:33 PM.

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