Whoes fault?

Status
Not open for further replies.

SissySpike

Vaping Master
ECF Veteran
Verified Member
Apr 1, 2012
6,926
12,310
San Diego CA
Just curious as to how people think. If a battery causes damage or injury from venting or exploding due to improper charging or misuse.

Is the person entitled to compensation?

My thoughts are if you use something its your responsibility to know how to use it and what if any or all risks are. After all if done properly there is very little risk of damage or injury from rechargeable batteries.

So I say its pretty much the users fault when something happens.
 

AgentAnia

Resting In Peace
ECF Veteran
May 22, 2013
3,739
9,455
Orbiting Sirius B
It's a manufacturer's responsiblity to make as safe a product as possible and to advise the consumer of how to use it safely. It's the consumer's responsibility to be aware of safety issues with a product (in addition to or in the absence of a manufacturer's advice) and to use it safely.

Sadly, too many people today play the blame game and refuse to accept responsibility for their own carelessness and/or stupidity and/or ignorance.
 

Knosis

Senior Member
ECF Veteran
Aug 26, 2013
96
43
CA
Yeah, we need tort reform badly.

..... - Spill some hot coffee on you and get millions. What could be better?

I agree with the manufacturer needing to make the end-user aware of the nuances of the device. And then it being up to the end-user from there.

Obviously if every device a manufacturer produces catches fire then there is a problem.
 

anavidfan

ECF Guru
ECF Veteran
Verified Member
Jun 14, 2012
10,216
20,328
U.S.
Brings to mind the young girl that was yapping on her cellphone walking and talking. She didnt see the obvious safety cones and taped off areas and blindly walked into the manhole that had not been attended to for a few minutes while the workers looked away to do their job.
MInd you bystanders were also trying to get her attention as he was headed for the hole and she didnt notice them also.

Well of course she walked and fell and her family got awarded a large amount of money. Hopefully they put the money to good use and bought their daugher some "sense"
 

LucentShadow

Super Member
ECF Veteran
Dec 28, 2011
936
2,436
Michigan, USA
I believe that there are certainly some companies out there who sell unsafe equipment and give bad advice, and I would blame them for that.

For those that got good equipment and advice, but misused it, I blame them.

Overall, most consumers have gotten to be too complacent, with the expectation that they should have to do no research whatsoever on any product that they buy, including reading the friggin manual.
 

The Ocelot

Psychopomp
ECF Veteran
Verified Member
Aug 12, 2012
26,497
79,193
The Clock Barrens, Fillory
Yeah, we need tort reform badly.

..... - Spill some hot coffee on you and get millions. What could be better?

I agree with the manufacturer needing to make the end-user aware of the nuances of the device. And then it being up to the end-user from there.

Obviously if every device a manufacturer produces catches fire then there is a problem.

That's not the best case to cite.

The Truth About The Hot Coffee Case


53sw.gif


Picture of actual injuries.

ETA: I was incorrect. The picture I posted earlier was of another person burned by McDonald's coffee. The picture above is of the plaintiff in the lawsuit.
 
Last edited:

Kweb

Senior Member
ECF Veteran
Verified Member
Aug 16, 2012
137
81
Chicagoland
Yeah, we need tort reform badly.

..... - Spill some hot coffee on you and get millions. What could be better?

I agree with the manufacturer needing to make the end-user aware of the nuances of the device. And then it being up to the end-user from there.

Obviously if every device a manufacturer produces catches fire then there is a problem.

I saw a documentary on the coffee thing- the coffee was way hotter than industry standard and the woman needed serious skin grafts and surgery and McDonald's wouldn't help. Her children were just trying to get McDonalds to help out and when the jury saw the horrific burns, they gave her a lot for pain and suffering. If we don't give legitimate cases the respect they deserve, then corporations will be completely irresponsible. Moderation in all things, boys. Let's not be cowboys- this isn't the Wild West.
 

Gautama

Senior Member
ECF Veteran
Verified Member
Jul 23, 2013
232
461
50
Normal, IL
Just curious as to how people think. If a battery causes damage or injury from venting or exploding due to improper charging or misuse.

Is the person entitled to compensation?

My thoughts are if you use something its your responsibility to know how to use it and what if any or all risks are. After all if done properly there is very little risk of damage or injury from rechargeable batteries.

So I say its pretty much the users fault when something happens.

I believe the only compensation they should get is a kick in the .... Because of their inability to read directions, they jeopardize an industry that is saving lives. Unfortunately, in this sue happy society of ours, they will probably sue and they will probably win. This is exactly the publicity that we do not need.
 

mkbilbo

Ultra Member
ECF Veteran
Verified Member
Mar 4, 2013
2,294
2,874
Austin, TX
www.thesmilingwolf.com
Just curious as to how people think. If a battery causes damage or injury from venting or exploding due to improper charging or misuse.

Is the person entitled to compensation?

My thoughts are if you use something its your responsibility to know how to use it and what if any or all risks are. After all if done properly there is very little risk of damage or injury from rechargeable batteries.

So I say its pretty much the users fault when something happens.

But it's one of those things where it all depends on what actually happened. Last story that I saw fly by about a battery going "boom", the photo clearly showed the woman used the wrong charger. Thing is, the kit she had (and not just as reported in the story, you could see the brand in the photo) does not come with the charge she used.

So... where'd that charger come from?

If the "news" people involved weren't lazy as all get out and did some homework, they might have had an actual consumer issue on their hands. As in, did the vendor sell her the wrong charger? As in, did the vendor screw with the kit from the manufacturer? Such as keep the good charger and dump some cheap piece of junk on the customer?

See, we're never going to know where that charger came from. If the woman took it out of some cheap kit she bought somewhere else and decided to up and use it instead of the one that came with the kit, she's an idiot. If the vendor took the good charger out and dumped a cheap one on her, he's a thief.

But the "news" people just wanted a "e-cig bad, go boom like bomb, run scared, hide children, everybody die" story. They didn't bother to do anything resembling journalism.

(It's too much like homework and that's sooooo boooooring)
 
Status
Not open for further replies.

Users who are viewing this thread