Wego Kite Tube of Death Accident

[Clodfobble]

Originally Posted by MaggieL

That's already true though. Look at the instructions.

That's the way you think it should be. But the reality is it just takes one judge or juror who views it as glatt does, and the instructions are irrelevant. But by saturating people with information about it, you are increasing the chances that your jury pool will have all heard about the dangers of these things before. The entire legal system is based on this nebulous concept of what a "reasonable person" should expect. A reasonable person knows that a car can be deadly because the information is out there. Once everyone has heard of these things, the defendants' case is much stronger.

[MaggieL]

Originally Posted by Clodfobble

That's the way you think it should be. But the reality is it just takes one judge or juror who views it as glatt does

Just because a judge or juror violates their oath and ignores evidence because a big faceless company will cough up the money doesn't mean the evidence isn't there, it just means the process has been corrupted when we arrive at the point where the "reasonable man" standard doesn't include reading prominent warnings directing you to the instructions.

We do still have a long way to go on tort reform--until there's some serious *cost* to spin the judge/juror wheel-of-fortune. By the way it may only take one boneheaded judge, but it takes more than one juror in a civil action.