of all the moronic nanny-state nonsense...

Discussion in 'The Bike Cafe' started by CAMPYBOB, Jun 20, 2012.

  1. davereo

    davereo Well-Known Member

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    Without the problem you would be unemployed. Lawsuits are not only filed to line the pockets of the greedy. Correct me if I am wrong.
     


  2. jhuskey

    jhuskey Moderator

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    I would have less to do for sure and some claims do have merit, however some tort reform would solve some of the issues and cut out a lot of the ridiculous claims. Of course accepting personal responsibility would solve a lot of issues in this world
     
  3. Dave Cutter

    Dave Cutter Active Member

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    Do you have a link... where I could read up on the "basic right" you mentioned? All I've been able to find in basic rights... are the natural laws... or rights bestowed on all man[kind] by his creator. I can't seem to find anything about dragging a Web Site owners butt into court.
     
  4. Budarooski

    Budarooski New Member

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    It all started with the McDonald's hot coffee lawsuit.

    C'mon people, take responsibility for your actions! He knew the risks; sad that he died but he knew what he was getting into. Nobody forced him to do it.
     
  5. alienator

    alienator Well-Known Member

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    +1. The family suing Strava has absolutely nothing to do with a "nanny state." No one knows, except for the family, what their motivations are. Maybe it's greed. Maybe it's a product of lingering pain from the loss of their loved one. Maybe it's a desperate stab at getting some sort of closure. Whatever their motivation is, it's not worth wondering or even worrying about. In the last day or two, Strava has changed a disclaimer on their site, and it's likely an attempt to further insulate themselves from messes like this in the future.
     
  6. Jeffrey Herrell

    Jeffrey Herrell New Member

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    in no way should stava be held even partially responsible. cycling is a dangerous sport, its the riders responsibility to be safe. i take some downhills at 70+ mph, if i was to wreck it would be my fault and mine alone.
     
  7. CAMPYBOB

    CAMPYBOB Well-Known Member

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    +1. The family suing Strava has absolutely nothing to do with a "nanny state." No one knows, except for the family, what their motivations are. Maybe it's greed. Maybe it's a product of lingering pain from the loss of their loved one. Maybe it's a desperate stab at getting some sort of closure. Whatever their motivation is, it's not worth wondering or even worrying about.


    ...and maybe it's just fracking morons being tards.

    Motivation? It's a team of guys in suits sitting around large, expensive mahogany tables sipping coffee picked only by well paid Dominicans (says so on the bag) and they're all saying one word: JACKPOT!

    'Who' is going to say that it is NOt the cyclist's fault? 'Who' is going to say is IS the fault of some eeevil website that is the cause of this crash? 'Who' is going to eventually end up paying all those huge awards?

    The answers are The State and the citizens of the State, respectively. ALL of it carried out under the color of the law...judgement enforced by The State. The God. Damned. Nanny. State. There is no other words for it.

    Yeah. It's fracking nanny state. The nanny state will take care of the latest lotto winners...and the lawyers will get together with the legislators and write one more protective law getting ever closer to Utopia. And the citizens will foot the bill for it all.

    All the result of some dude failing at the same thrill every kid from age five on up survived...unless Darwin called them up for their award before the nanny state could erect a new safety net.

    ...the right of the people to seek redress of their grievences from the government...became...the nanny state lottery.

    Repeat this line: "It's not MY fault!"

    Don't you worry! Your nanny is going to take good care of you, your heirs, your victims, their lawyers, the court system will gain more power and more orange "Hey, You're a dumbass!" stickers will be applied to your bike, your helmet AND the websites you log your rides on.

    Thank your nanny now.
     
  8. AlanG

    AlanG Member

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    Well you clearly have made up your mind based on what evidence you are familiar with and your opinions. So I guess you wouldn't be selected for this jury. And I agree with you that on the face of it this looks like a stretch. (I am not a lawyer and I don't know the laws in California.)

    However, you jump to some conclusions about the family and their motivations.

    I don't see anything about a demand for monetary compensation as you have implied. Perhaps all the family is really after is for the website to do more to not encourage others to take such risks. Sometimes people sue just for one dollar or an apology.

    Some of these "frivolous" cases turn out to have more substance than we think at first blush. (And Al Gore never said he invented the internet. It was Dick Armey who misquoted him, tarred him with that and made it into some kind of joke that does not jog with the facts.) So perception and reality are often not the same thing.

    McDonalds hot coffee case:

    http://www.lectlaw.com/files/cur78.htm
     
  9. CAMPYBOB

    CAMPYBOB Well-Known Member

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    My good sir, sometimes...just sometimes..."assumptions" are base on common sense and founded in fact...and are oft 'debated' by those that are...nevermind.

    From da intarwebz via that wunderfool tool, Goggle...

    Incidentally, the Flint family's lawsuit doesn't specify the exact damages. But Kang says, "It will not be a small amount."

    Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/06/17/BAP71P31BB.DTL#ixzz1yXfJPHgI

    To save you the time of a websearch that might span .02368 seconds: Susan Kang, attorney for the family of William "Kim" Flint, the 41-year-old electrical engineer who died in the bicycling accident June 19, 2010.

    Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/06/17/BAP71P31BB.DTL#ixzz1yXg0dJaZ

    Methinks common sense is not so common among cyclist.

    Yes...it is altruism that drives 99.98% of folks into the courtroom. Statistically speaking, the remaining .02% are liars. Just kidding.
     
  10. CAMPYBOB

    CAMPYBOB Well-Known Member

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    And frankly, I don't give a flying fig what the libtards say, this is dollar sucking, nanny statism at its finest. Suing the 110% not-at-fault website is the very definition of frivolous.
     
  11. AlanG

    AlanG Member

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    In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
     
  12. AlanG

    AlanG Member

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    I know. The constitution was written by a bunch of "libtards." Why don't we be patient and see what the facts in the case are? Do you think the old woman who merely wanted McDonalds to pay for her $20,000 of medical bills is somehow greedy, but the company that continued to sell scalding hot coffee after about 700 claims against it for burns was not being greedy? (BTW. I own stock in McDonalds.)
     
  13. Dave Cutter

    Dave Cutter Active Member

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    True and insightful! +1
     
  14. Dave Cutter

    Dave Cutter Active Member

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    I apologize... you were (and remain) correct. OK.... I know basic isn't really mentioned.. and the Bill of Rights is really only the first law enacted by Congress. But I accept your terminology. It is their right... in the most basic sense.
     
  15. CAMPYBOB

    CAMPYBOB Well-Known Member

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    Why don't we be patient and see what the facts in the case are?

    Well, in two years I'm pretty sure the facts are known.

    Fact: Cyclist flies down hill.
    Fact: Cyclist slams on brakes to avoid car.
    Fact: E still equals MC2
    Fact: website has zero blame/responsibility in velocity assisting Darwin.
    Fact: Lawyer sniffs five years worth of boat payments.

    Fact: Tachometer on Tom Jefferson's grave shows 600 RPM.

    Will this one reach the 9th Circus? Nah...not unless we suddenly find out our dead cyclist was The Stig.
     
  16. CAMPYBOB

    CAMPYBOB Well-Known Member

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    ...but the company that continued to sell scalding hot coffee after about 700 claims against it for burns was not being greedy?

    Dateline: The Real World
    Headline: Hot Coffee is Hot!

    Drink hot coffee directly above your genitals at your own risk.

    Perhaps we should put a warning label on that hot coffee in three languages?

    Greed? No one is compelled to buy coffee. And there is that iced stuff for the terminally clumsy...at least it will be available until the next nanny stater sues claiming his assets were frozen off.
     
  17. CAMPYBOB

    CAMPYBOB Well-Known Member

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    I hear the family AND the lawyer are donating 110% of the expected record-setting award to the "King of Hill Downhill Timed Run (presented by Garmin) Fund to Aide Folks Unwilling To Accept Person Responsibility For Their Actions"...henceforth referred to by the much more brief KoHDTR(pbG)FtAFUTAPRFTA acronym.
     
  18. AlanG

    AlanG Member

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    I have a friend who complains about liberals and the court system sort of as you do. He seems to have forgotten that when his wife died 22 years ago he sued the doctor for malpractice and received a substantial amount of money.

    Also this bumper sticker is on the back of my niece's car. She and her family have been receiving between $1,000 and $2,000 a month in Social Security payments for about the past 10 years. (She is disabled.) She doesn't seem to understand when I tell her that if she believed in her bumper sticker, she should not have taken the money. Her husband talks up Ron Paul and his philosophy all of the time but doesn't seem to get that he is a walking talking hypocrite who can't support his family on his own.

    [​IMG]
     
  19. CAMPYBOB

    CAMPYBOB Well-Known Member

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    "I dare you idjuts to throw yourselves into a brush chipper feet first. I hereby award 20 intarwebz to the person that does it in grand fashion. All attempts, successful or otherwise, must be posted on YouTube to be considered by the Darwin Panel of esteemed judges."

    There.

    Same damned thing Strava did.

    So...sue me. After your video, of course.
     
  20. CAMPYBOB

    CAMPYBOB Well-Known Member

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    I have a friend who complains about liberals and the court system sort of as you do. He seems to have forgotten that when his wife died 22 years ago he sued the doctor for malpractice and received a substantial amount of money.

    I'm sorry to hear that. Did the doctor cause the death of his patient?


    Also this bumper sticker is on the back of my niece's car. She and her family have been receiving between $1,000 and $2,000 a month in Social Security payments for about the past 10 years. (She is disabled.)

    I'm sorry to hear that.

    Is it her money and the money paid into SS by her employers or the taxpayers'?


    Now, let's get one damned thing straight. Liberals do suck and the court system has been subverted, perverted and in cases like this has made a mockery of justice. Justice and a legal 'system' are two entirely different things.

    'If' that car pulled out in front of the cyclist after running a stop sign and 'if' the cyclist were not breaking the law it 'might' have some legal responsibity for the fault of the accidents. It 'might'.

    But you know that is not what this discussion is about. At. All.

    It is about the moronic decision of a lawyer to go after every entity with a pulse and a bank account that was within 5000 nautical miles of the accident scene.

    The website did NOT cause the cyclist to take it upon HIMSELF to break the law, not maintain control of his vehicle and to kill HIMSELF. No one made those decisions except the cyclist. He is responsible for each and every step of his final ride.
     
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