Only in America

[Scooby074]

There are so many rumors running around about the McDonald's coffee lawsuit. As you can tell from my response earlier, I AM NOT IN FAVOR of frivolous lawsuits. However, the McDonald's one I agree with. There are a lot of facts behind the lawsuit that are not normally published. Use the below link to read some of the real background, or Google and read.

The Actual Facts about the Mcdonalds' Coffee Case

I know that as a child in the 1950's, lawsuits were unknown. If you were hurt as someone's place, you usally got in trouble at home for doing something stupid, your parents did not immediately sue. I have a neighbor that sues regularly - gets her house remodeled fromt he proceeds - and brags about it. Then she wonders why I would not allow her children to come on my property and play with my grandchildren when they were young. I have heard her daughter at the approx age of 8 make comments to other people like "You better not do that or my mom will sue" I am sure she has grown up to be the same.

Sad statement for the United States.

An interesting read for sure. But what about the central fact that this woman put a cup of hot coffee between her knees in order to remove the cover? To me that key piece of information is the reason she got burned. The temperature of the coffee while contributing to her burn, is irrelevant in the sense that if she followed proper procedure, she wouldnt have got hurt in the first place.

Holding a cup of coffee between your knees is a pretty stupid idea. And the end result in this case certainly would be expected by any reasonable person.

What happened to common sense or personal responsibility?

 

[The Haymaker]

You can't say that without knowing the circumstances of how the child got behind the mower. Kids move around. Especially 4 year olds. He may have not even known she was outside the house. He'll have to live with that for the rest of his life.

I have a 28 month old. If he's not on the tractor with me, I always look before backing. It doesn't matter if I THINK he is inside, or not. For that matter, who's to say it's not a neighbor who has walked up behind me for a chat. A front lawn is not a controlled industrial environment.

 

[Ken45101]

I have a 28 month old. If he's not on the tractor with me, I always look before backing.

Sorry, but two year olds don't belong riding on tractors. Have you noticed that there is only one seat and seatbelt on your tractor? I doubt that you can pay full attention to operating the tractor if you have a squirmy kid to hold.

 

[The Haymaker]

Sorry, but two year olds don't belong riding on tractors. Have you noticed that there is only one seat and seatbelt on your tractor? I doubt that you can pay full attention to operating the tractor if you have a squirmy kid to hold.

You keep your grandkids on the couch watching teletubbies and eating pork rinds, I'll teach my child how to be a boy.

 

[Duffster]

You keep your grandkids on the couch watching teletubbies and eating pork rinds, I'll teach my child how to be a boy.

Well said.

 

[blueriver]

Well said.

And I second that ....

 

[JGY]

Aother good argument for Tort Reform. Make the person filing the lawsuit and their lawers responsible for the fees if they lose and limit the amount of payment. Do this, and these types of lawsuites will end almost imediately. Suing the company that makes the mower because he backed up over his childs leg while mowing the lawn is rediculous. He should be accepting the blame himself for being such a dumb *** and operating a lawn mower that close to a child!!!!!

Eddie

Thank you, Eddie Walker!! I believe the OM states not to operate the equipment when "persons" are nearby.

Joe


from my OMLVU16738_F9 "Owner's Manual" (John Deere 2305 CUT):

Operating Safely

• Only allow responsible adults, who are familiar with the instructions, to operate the machine. Local regulations may restrict the age of the operator.

• A storage location is provided on the machine for the operator’s manual. Keep the manual stored securely in this location when not in use and show other operators of this machine where the operator manual is located.

• Inspect machine before you operate. Be sure hardware is tight. Repair or replace damaged, badly worn, or missing parts. Be sure guards and shields are in good condition and fastened in place. Make any necessary adjustments before you operate.

• Be sure all drives are in neutral and parking brake is locked before starting engine. Only start engine from the operator’s position.

• Do not change the engine governor settings or overspeed the engine. Operating the engine at excessive speed can increase the hazard of personal injury.

• Check brakes before you operate. Adjust or service brakes as necessary.

• Slow down and use extra care on hillsides. Be sure to travel in the recommended direction on hillsides. For this machine, drive up and down hillsides, not across. Turf conditions can affect the machine’s stability. Use caution while operating near drop-offs.

• Stop machine if anyone enters the area. Never carry passengers and keeps pets and bystanders away.

• Look behind and down before backing up to be sure of a clear path.

• Inspect the area where the equipment is to be used and remove all objects such as rocks, toys and wire which can be thrown by the machine.

• If you hit an object or if abnormal vibration occurs, stop the machine and inspect it. Make repairs before you operate. Keep machine and attachments properly maintained and in good working order.

• Do not leave machine unattended when it is running.

• Only operate during daylight or with good artificial light.

• Evaluate the terrain to determine what accessories and attachments are needed to properly and safely perform the job.

• Use only accessories and attachments approved by the manufacturer of the machine. Keep safety labels visible when installing accessories and attachments.

• Do not operate machine if you are under the influence of drugs or alcohol.

• Check before each use that operator presence controls are functioning correctly. Test safety systems. Do not operate unless they are functioning correctly.

• Slow down and be careful of traffic when operating near or crossing roadways. Use care when approaching blind corners, shrubs, trees, or other objects that may obscure vision.

• Do not wear radio or music headphones. Safe service and operation require your full attention.

• Use care when loading or unloading the machine into or off of a trailer or truck.

• Disengage drive to attachments when transporting or not in use.

• Reduce the throttle setting during engine run-out and, if the engine is provided with a fuel shut-off valve, turn the fuel off at the conclusion of mowing.

• When machine is left unattended, stored, or parked, lower the mower deck unless a positive mechanical lock is used.


It isn't like the guy didn't know this stuff ... it's right there in the OM. Kinda explains why the jury made the right decision.
Self-explanatory!

 

[jimmyj]

As everyone points out, the jury made the right call which I suppose means the system is working.

The trend to blame others for one's own "issues" is what peeves us all off. Where I work we get sued pretty regularly, it's just in a days work when you deal with the public. And don't get me started about the staff, I think I'm off to a Human Rights commission again soon from the look of it.. Sigh....

 

[MossRoad]

You keep your grandkids on the couch watching teletubbies and eating pork rinds, I'll teach my child how to be a boy.

A one legged boy with an eye patch and a couple missing fingers?



O.K. I don't really mean that, but no need to go off on someone that is just pointing out what could happen. No need to put the kids in a bubble either. However, we have learned a lot of lessons from the past, yet continue to chose to do the same. Our choice. Plenty of kids have survived childhood. And plenty have been injured by a parents decision.

 

[Gator6x4]

There are some things I think small children should not be allowed to do.

1. Feel of the chain on a chain saw while in use.

2. Count the teeth on a skill saw by feeling of it while in use.

3. Checking to see if the blade is turning, by sticking their hand underneath the deck on a lawn mower running at full throttle.

4. Riding on a riding lawn mower with someone else while mowing the lawn.

5. Riding on a tractor with someone else while being used as a farm tool.

6. Riding on tractor while a rotary cutter, disc, plow, tiller or rotary tiller or other implement is being used.

7. The list goes on and on.

We, as adults have a responsibility to insure small children do none of the above and stand ready to be held accountable if and when our actions expose small children to an action that a reasonable and prudent person would have deemed dangerous, and that exposure results in injury regardless how minor to the child. How an adult can expose a small child to something that is extremely dangerous and then when the child is injured, say "Oh Well It Was An Accident" and I don't see why people want me to be held accountable and responsible is beyond my level of comprehension.