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	<title>
	Comments on: Emily Bazelon on personal responsibility	</title>
	<atom:link href="https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Todd Rogers		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8916</link>

		<dc:creator><![CDATA[Todd Rogers]]></dc:creator>
		<pubDate>Wed, 12 Sep 2007 11:57:47 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8916</guid>

					<description><![CDATA[Warning: This vehicle may inadvertently place its operator and occupants directly in Darwin&#039;s cross hairs.  Operate/Ride with caution.
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			<content:encoded><![CDATA[<p>Warning: This vehicle may inadvertently place its operator and occupants directly in Darwin&#8217;s cross hairs.  Operate/Ride with caution.</p>
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		<title>
		By: Bill Alexander		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8915</link>

		<dc:creator><![CDATA[Bill Alexander]]></dc:creator>
		<pubDate>Tue, 11 Sep 2007 19:03:40 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8915</guid>

					<description><![CDATA[If they can put a warning on a cigarette package that practically says &quot;This product will kill you&quot; and people still start to smoke, how can you expect any warning label to be effective?
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			<content:encoded><![CDATA[<p>If they can put a warning on a cigarette package that practically says &#8220;This product will kill you&#8221; and people still start to smoke, how can you expect any warning label to be effective?</p>
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		<title>
		By: Kevin P		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8914</link>

		<dc:creator><![CDATA[Kevin P]]></dc:creator>
		<pubDate>Tue, 11 Sep 2007 18:43:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8914</guid>

					<description><![CDATA[Deoxy,
Perhaps I should amend my comment to every &quot;major&quot; car manufacturer has been sued and lost.  I know of cases involving Toyota, Nissan, Honda, Ford, GM, Mercedes, and Chrysler.  I think we can agree that they are the major ones when you consider all their separate divisions and subsidiaries.  The information to prove that is out there; either from NHTSA, NTSB, Autosafety.org, safetyforum.org, iihs.org, or various individual attorney sites.

Thanks for helping spread the word in any case.
]]></description>
			<content:encoded><![CDATA[<p>Deoxy,<br />
Perhaps I should amend my comment to every &#8220;major&#8221; car manufacturer has been sued and lost.  I know of cases involving Toyota, Nissan, Honda, Ford, GM, Mercedes, and Chrysler.  I think we can agree that they are the major ones when you consider all their separate divisions and subsidiaries.  The information to prove that is out there; either from NHTSA, NTSB, Autosafety.org, safetyforum.org, iihs.org, or various individual attorney sites.</p>
<p>Thanks for helping spread the word in any case.</p>
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		<item>
		<title>
		By: OBQuiet		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8913</link>

		<dc:creator><![CDATA[OBQuiet]]></dc:creator>
		<pubDate>Tue, 11 Sep 2007 16:50:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8913</guid>

					<description><![CDATA[Kevin,

You may be being a bit unfair to the manufacturers. It might be correct that they have decided that they should not be the one&#039;s paying for an education campaign that has unclear benefits, would not limit their liability and may well make suing them easier. I agree that better knowledge of the dangers would likely help save some lives. But if the Auto Manufacturers put forth such a program, the lawyers would use it to prove that they knew of the danger and did nothing! And a big education campaign is really just a big sticker. People hear about dangers all the time and frequently ignore them in all the babble caused by warning about everything.

Perhaps the best we can do in the current situation is to pass the message on ourselves and hope that no one else has to suffer the loss you did.

Maybe we need to put more emphasis on the general danger of driving and the safety items in the manual. A PSA along the lines of saying:

Cars are inherently dangerous but quite safe if operated correctly. There are many safety features in your car that you need to know about to provide maximum protections. They are described in your operators manual. Every year people are injured and  killed by not following the guideline it provides.

Read it. Operate safely. Be informed.


]]></description>
			<content:encoded><![CDATA[<p>Kevin,</p>
<p>You may be being a bit unfair to the manufacturers. It might be correct that they have decided that they should not be the one&#8217;s paying for an education campaign that has unclear benefits, would not limit their liability and may well make suing them easier. I agree that better knowledge of the dangers would likely help save some lives. But if the Auto Manufacturers put forth such a program, the lawyers would use it to prove that they knew of the danger and did nothing! And a big education campaign is really just a big sticker. People hear about dangers all the time and frequently ignore them in all the babble caused by warning about everything.</p>
<p>Perhaps the best we can do in the current situation is to pass the message on ourselves and hope that no one else has to suffer the loss you did.</p>
<p>Maybe we need to put more emphasis on the general danger of driving and the safety items in the manual. A PSA along the lines of saying:</p>
<p>Cars are inherently dangerous but quite safe if operated correctly. There are many safety features in your car that you need to know about to provide maximum protections. They are described in your operators manual. Every year people are injured and  killed by not following the guideline it provides.</p>
<p>Read it. Operate safely. Be informed.</p>
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		<title>
		By: Deoxy		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8912</link>

		<dc:creator><![CDATA[Deoxy]]></dc:creator>
		<pubDate>Tue, 11 Sep 2007 15:49:23 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8912</guid>

					<description><![CDATA[&quot;(1) Every car manufacturer in the world has been sued on this design issue and (2) all have lost.&quot;

1)  Really?  I&#039;d like to see some data on that.

2)  See #1, AND that in and of itself proves very little (unfortunately).  This very site chronicles lawsuits that have ridiculous outcomes, such as one where someone sued because his seat crumpled and he was injured... never mind that such crumpling is intentional because it saves many lives every year... including people who were in the car with him at the time of the accident!

Stupidly, every case stands on its own, allowing a company to simultaneously be too much of something, to the point of liability, and too LITTLE of something, to the point of liability.  It is indeed all about lawyers getting money, but not in the way Kip seems to think.

Kip: people WANT reclining seats, just like people WANT hot coffee.  Indeed, reclining seats have been present in cars since before many people currently driving were even BORN, back &quot;when society was a society of honest, straight talking folk&quot;, and driving with the seat reclined was just as deadly then.

In fact, as pointed out repeatedly, &quot;normal everyday usage of commonplace vehicles&quot; can quite easily, and not uncommonly do, result in death.  Seat reclining or not does not have a noticeable effect on that.

By the way, I consider myself &quot;a reasonable, ordinary person&quot;, and I am not remotely a lawyer (nor a legal assistant, or any other lawyer-related thing).
]]></description>
			<content:encoded><![CDATA[<p>&#8220;(1) Every car manufacturer in the world has been sued on this design issue and (2) all have lost.&#8221;</p>
<p>1)  Really?  I&#8217;d like to see some data on that.</p>
<p>2)  See #1, AND that in and of itself proves very little (unfortunately).  This very site chronicles lawsuits that have ridiculous outcomes, such as one where someone sued because his seat crumpled and he was injured&#8230; never mind that such crumpling is intentional because it saves many lives every year&#8230; including people who were in the car with him at the time of the accident!</p>
<p>Stupidly, every case stands on its own, allowing a company to simultaneously be too much of something, to the point of liability, and too LITTLE of something, to the point of liability.  It is indeed all about lawyers getting money, but not in the way Kip seems to think.</p>
<p>Kip: people WANT reclining seats, just like people WANT hot coffee.  Indeed, reclining seats have been present in cars since before many people currently driving were even BORN, back &#8220;when society was a society of honest, straight talking folk&#8221;, and driving with the seat reclined was just as deadly then.</p>
<p>In fact, as pointed out repeatedly, &#8220;normal everyday usage of commonplace vehicles&#8221; can quite easily, and not uncommonly do, result in death.  Seat reclining or not does not have a noticeable effect on that.</p>
<p>By the way, I consider myself &#8220;a reasonable, ordinary person&#8221;, and I am not remotely a lawyer (nor a legal assistant, or any other lawyer-related thing).</p>
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		<title>
		By: Tex Mex		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8911</link>

		<dc:creator><![CDATA[Tex Mex]]></dc:creator>
		<pubDate>Tue, 11 Sep 2007 13:51:57 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8911</guid>

					<description><![CDATA[Skip seems to be having some chronological issues.

What came first was not evil corporations selling toxins to children with intent to injure simply to test their lizard lawyers&#039; ability to absolve them via obscure warnings and disclaimers.

Prior to any such warning or disclaimer being implemented, another reptilian species had successfully argued to some empaneled common folk that Suzie Q would never have ingested a toxin (lets say a cup of bleach that looked like kool aid) if only the container of bleach had stated (in a font and color deemed suitable and appropriate in hindsight) that it may be harmful for children to do so.

Of course, it is irrelevant that Suzie Q was too young to read, and that a parent may bear some responsibility, since we are only concerned with dangerous products foisted upon us and the &quot;duty of care&quot;.
]]></description>
			<content:encoded><![CDATA[<p>Skip seems to be having some chronological issues.</p>
<p>What came first was not evil corporations selling toxins to children with intent to injure simply to test their lizard lawyers&#8217; ability to absolve them via obscure warnings and disclaimers.</p>
<p>Prior to any such warning or disclaimer being implemented, another reptilian species had successfully argued to some empaneled common folk that Suzie Q would never have ingested a toxin (lets say a cup of bleach that looked like kool aid) if only the container of bleach had stated (in a font and color deemed suitable and appropriate in hindsight) that it may be harmful for children to do so.</p>
<p>Of course, it is irrelevant that Suzie Q was too young to read, and that a parent may bear some responsibility, since we are only concerned with dangerous products foisted upon us and the &#8220;duty of care&#8221;.</p>
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		<title>
		By: Kevin P		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8910</link>

		<dc:creator><![CDATA[Kevin P]]></dc:creator>
		<pubDate>Tue, 11 Sep 2007 13:36:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8910</guid>

					<description><![CDATA[All well and good folks; but my point is to simply be sure that everyone is aware of this so the same thing doesn&#039;t happen to them that happened to our family.  Being covered in the manual is not enough because so few actually look at the manual.  I don&#039;t want another sticker in the car because there are too many in there now and most ignore them.  I simply want people to KNOW of the dangers; if people are aware of the dangers then they can make decisions based upon knowledge and not from ignorance.  My point being that so few people know of this danger, but this kind of discussion is very helpful in getting people to discuss it and spread the word.

So, the other way to invest those funds as mentioned by  OBQuiet would be an educational campaign.  Every car manufacturer in the world has been sued on this design issue and all have lost.  Some have lost tens of millions overall.  They have made an accounting decision that the relatively low number of people dying from this issue is worth less than the costs of an educational campaign, and therefore would rather pay the losses than educate the general public.

Of course its impossible to make any product 100% safe and I&#039;m not saying that we do that.  Simply spread the word, help educate the public, and then some good can come from my daughter&#039;s death.
]]></description>
			<content:encoded><![CDATA[<p>All well and good folks; but my point is to simply be sure that everyone is aware of this so the same thing doesn&#8217;t happen to them that happened to our family.  Being covered in the manual is not enough because so few actually look at the manual.  I don&#8217;t want another sticker in the car because there are too many in there now and most ignore them.  I simply want people to KNOW of the dangers; if people are aware of the dangers then they can make decisions based upon knowledge and not from ignorance.  My point being that so few people know of this danger, but this kind of discussion is very helpful in getting people to discuss it and spread the word.</p>
<p>So, the other way to invest those funds as mentioned by  OBQuiet would be an educational campaign.  Every car manufacturer in the world has been sued on this design issue and all have lost.  Some have lost tens of millions overall.  They have made an accounting decision that the relatively low number of people dying from this issue is worth less than the costs of an educational campaign, and therefore would rather pay the losses than educate the general public.</p>
<p>Of course its impossible to make any product 100% safe and I&#8217;m not saying that we do that.  Simply spread the word, help educate the public, and then some good can come from my daughter&#8217;s death.</p>
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		<item>
		<title>
		By: Bill Alexander		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8909</link>

		<dc:creator><![CDATA[Bill Alexander]]></dc:creator>
		<pubDate>Tue, 11 Sep 2007 12:47:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8909</guid>

					<description><![CDATA[Kip Watson says: &quot;Can I sell toxic food to your kids (if you had any) simply because clause 11 on page 98 of the accompanying contract covers me? . . .  How is selling a lethal vehicle any different? &quot;
Cars are already one of the most deadly products we buy, they (and their drivers) kill thousands each year.  And Yes, we do sell toxic food to our kids, but you are expected not to eat a pound of salt at one sitting, or drink 3 gallons of water in an hour, or swallow chicken bones at KFC.  Many foods are toxic, many aspects of a car are deadly, if not used in a prudent way.
How about using that safety device between the ears, and accept that we will all die, and some at an earlier age than expected.
]]></description>
			<content:encoded><![CDATA[<p>Kip Watson says: &#8220;Can I sell toxic food to your kids (if you had any) simply because clause 11 on page 98 of the accompanying contract covers me? . . .  How is selling a lethal vehicle any different? &#8221;<br />
Cars are already one of the most deadly products we buy, they (and their drivers) kill thousands each year.  And Yes, we do sell toxic food to our kids, but you are expected not to eat a pound of salt at one sitting, or drink 3 gallons of water in an hour, or swallow chicken bones at KFC.  Many foods are toxic, many aspects of a car are deadly, if not used in a prudent way.<br />
How about using that safety device between the ears, and accept that we will all die, and some at an earlier age than expected.</p>
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		<title>
		By: OBQuiet		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8908</link>

		<dc:creator><![CDATA[OBQuiet]]></dc:creator>
		<pubDate>Tue, 11 Sep 2007 12:03:51 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8908</guid>

					<description><![CDATA[Ted, I don&#039;t think prohibiting seats from reclining would be the result. More likely they would be limited to
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			<content:encoded><![CDATA[<p>Ted, I don&#8217;t think prohibiting seats from reclining would be the result. More likely they would be limited to</p>
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		<title>
		By: KAT		</title>
		<link>https://www.overlawyered.com/2007/09/emily-bazelon-on-personal-responsibility/comment-page-1/#comment-8907</link>

		<dc:creator><![CDATA[KAT]]></dc:creator>
		<pubDate>Tue, 11 Sep 2007 11:56:49 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=5320#comment-8907</guid>

					<description><![CDATA[It should be clear to everybody by now that the only reasonable safety device on a car would be a complete lockout device, that didn&#039;t let anyone in it at all, ever. Or, since such a device might be disabled, a vehicle without doors, windows, or other places which might allow an irresponsible person to get in.
]]></description>
			<content:encoded><![CDATA[<p>It should be clear to everybody by now that the only reasonable safety device on a car would be a complete lockout device, that didn&#8217;t let anyone in it at all, ever. Or, since such a device might be disabled, a vehicle without doors, windows, or other places which might allow an irresponsible person to get in.</p>
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