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	<title>
	Comments on: Litigation kills gas can manufacturer	</title>
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	<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Mon, 13 Aug 2012 07:38:44 +0000</lastBuildDate>
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		<title>
		By: peter		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-172120</link>

		<dc:creator><![CDATA[peter]]></dc:creator>
		<pubDate>Mon, 13 Aug 2012 07:38:44 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-172120</guid>

					<description><![CDATA[@ Hugo.  Hear hear.

Annoying when someone picks up on your point, uses it to twist a new unsupportable point and uses that to &#039;prove&#039; you are wrong.  Called a strawman i believe. 

It seems almost impossible to show some lawyers why &#039;defective product&#039; is not the same as &#039;caused the death&#039;.]]></description>
			<content:encoded><![CDATA[<p>@ Hugo.  Hear hear.</p>
<p>Annoying when someone picks up on your point, uses it to twist a new unsupportable point and uses that to &#8216;prove&#8217; you are wrong.  Called a strawman i believe. </p>
<p>It seems almost impossible to show some lawyers why &#8216;defective product&#8217; is not the same as &#8217;caused the death&#8217;.</p>
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		<title>
		By: Torts roundup - Overlawyered		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-172114</link>

		<dc:creator><![CDATA[Torts roundup - Overlawyered]]></dc:creator>
		<pubDate>Mon, 13 Aug 2012 04:30:05 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-172114</guid>

					<description><![CDATA[[...] &#8220;Targeting the red plastic gas can&#8221;: how product liability bankrupted Oklahoma manufacturer Blitz [editorial, earlier] [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] &#8220;Targeting the red plastic gas can&#8221;: how product liability bankrupted Oklahoma manufacturer Blitz [editorial, earlier] [&#8230;]</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-169143</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Wed, 18 Jul 2012 02:01:37 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-169143</guid>

					<description><![CDATA[No, Counsellor, that was not my point.  I agree that makers of defective products should go out of business.  My point was that this product was not defective-- that there is no gas tank that can prevent gasoline from exploding when poured onto a fire.  Maybe in the future they can design a gas tank with a built-in robot that can detect danger and refuse to open the spout, but such technology does not exist yet, certainly not in an affordable form.]]></description>
			<content:encoded><![CDATA[<p>No, Counsellor, that was not my point.  I agree that makers of defective products should go out of business.  My point was that this product was not defective&#8211; that there is no gas tank that can prevent gasoline from exploding when poured onto a fire.  Maybe in the future they can design a gas tank with a built-in robot that can detect danger and refuse to open the spout, but such technology does not exist yet, certainly not in an affordable form.</p>
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		<title>
		By: Ron Miller		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-169137</link>

		<dc:creator><![CDATA[Ron Miller]]></dc:creator>
		<pubDate>Tue, 17 Jul 2012 20:56:48 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-169137</guid>

					<description><![CDATA[I can&#039;t get up to speed on these cases without seeing the discovery and pleadings.  But I&#039;m addressing the specific point made by Hugo that is essentially if a company is run out of business, ispo facto a judge somewhere did something wrong.  Because that is not the case and I think you agree with me, Robert.]]></description>
			<content:encoded><![CDATA[<p>I can&#8217;t get up to speed on these cases without seeing the discovery and pleadings.  But I&#8217;m addressing the specific point made by Hugo that is essentially if a company is run out of business, ispo facto a judge somewhere did something wrong.  Because that is not the case and I think you agree with me, Robert.</p>
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		<title>
		By: Robert Curry		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-169132</link>

		<dc:creator><![CDATA[Robert Curry]]></dc:creator>
		<pubDate>Tue, 17 Jul 2012 20:16:57 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-169132</guid>

					<description><![CDATA[I think companies making BAD, or DEFECTIVE products should suffer, but WHERE is the evidence that that was the case HERE??]]></description>
			<content:encoded><![CDATA[<p>I think companies making BAD, or DEFECTIVE products should suffer, but WHERE is the evidence that that was the case HERE??</p>
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		<title>
		By: Ron Miller		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-169130</link>

		<dc:creator><![CDATA[Ron Miller]]></dc:creator>
		<pubDate>Tue, 17 Jul 2012 20:00:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-169130</guid>

					<description><![CDATA[First of all, res ipsa is not a malpractice doctrine. It is a tort doctrine that is used sparing in medical malpractice cases. 

Second, one lawsuit did not push this company over the edge.  Many did.   Do you really think that no company should ever go out of business because of litigation regardless of how bad of a product they make?]]></description>
			<content:encoded><![CDATA[<p>First of all, res ipsa is not a malpractice doctrine. It is a tort doctrine that is used sparing in medical malpractice cases. </p>
<p>Second, one lawsuit did not push this company over the edge.  Many did.   Do you really think that no company should ever go out of business because of litigation regardless of how bad of a product they make?</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-169125</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Tue, 17 Jul 2012 19:02:18 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-169125</guid>

					<description><![CDATA[@Ron Miller

In medical malpractice law, there is the doctrine of &quot;res ipsa loquitur&quot; (&quot;the thing speaks for itself.&quot;):  eg. If a septic surgical sponge is found stitched into a post-operative patient whose condition deteriorated, you don&#039;t have to provide witnesses on exactly who stitched it in and when.

I see a judicial &quot;res ipsa loquitur&quot; when a gas-can manufacturer is sued into oblivion on behalf of someone who poured gasoline into a burning stove.]]></description>
			<content:encoded><![CDATA[<p>@Ron Miller</p>
<p>In medical malpractice law, there is the doctrine of &#8220;res ipsa loquitur&#8221; (&#8220;the thing speaks for itself.&#8221;):  eg. If a septic surgical sponge is found stitched into a post-operative patient whose condition deteriorated, you don&#8217;t have to provide witnesses on exactly who stitched it in and when.</p>
<p>I see a judicial &#8220;res ipsa loquitur&#8221; when a gas-can manufacturer is sued into oblivion on behalf of someone who poured gasoline into a burning stove.</p>
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		<title>
		By: proofreader		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-169060</link>

		<dc:creator><![CDATA[proofreader]]></dc:creator>
		<pubDate>Mon, 16 Jul 2012 20:44:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-169060</guid>

					<description><![CDATA[Personal responsibility is extinct. No matter how stupid your action, someone else is always to blame.]]></description>
			<content:encoded><![CDATA[<p>Personal responsibility is extinct. No matter how stupid your action, someone else is always to blame.</p>
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		<title>
		By: Ron Miller		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-169059</link>

		<dc:creator><![CDATA[Ron Miller]]></dc:creator>
		<pubDate>Mon, 16 Jul 2012 20:36:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-169059</guid>

					<description><![CDATA[Oh, I think someone who can make a decent gas can will come in and fill the void in the market pretty quick.  I don&#039;t project long lines at the gas station can store.  

Hugo, have you really reviewed the evidence in this case and figure out how a judge should rule on a motion notwithstanding the verdict?   Really?]]></description>
			<content:encoded><![CDATA[<p>Oh, I think someone who can make a decent gas can will come in and fill the void in the market pretty quick.  I don&#8217;t project long lines at the gas station can store.  </p>
<p>Hugo, have you really reviewed the evidence in this case and figure out how a judge should rule on a motion notwithstanding the verdict?   Really?</p>
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		<title>
		By: Anonymous Attorney		</title>
		<link>https://www.overlawyered.com/2012/07/litigation-kills-gas-can-manufacturer/comment-page-1/#comment-169049</link>

		<dc:creator><![CDATA[Anonymous Attorney]]></dc:creator>
		<pubDate>Mon, 16 Jul 2012 16:58:38 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=31349#comment-169049</guid>

					<description><![CDATA[&quot;But, I had to buy a gas can this spring and it’s the most awkward, unusable one I’ve ever seen.&quot;

Canvasback, let me tell you...  I cannot STAND the &quot;modern&quot; plastic gas cans.  These things have the most impossible open/close system, an unworkable cap contraption combinging twisiting, a pump and locking mechanisms that seem practically designed to confound the user and prevent gas from coming out.  I&#039;m told that the old metal cans with a simple spout and screw cap are now unlawful -- federal regulations.  I wonder if it&#039;s illegal to trade in those things on ebay, who knows.  I&#039;d like to get one, though.]]></description>
			<content:encoded><![CDATA[<p>&#8220;But, I had to buy a gas can this spring and it’s the most awkward, unusable one I’ve ever seen.&#8221;</p>
<p>Canvasback, let me tell you&#8230;  I cannot STAND the &#8220;modern&#8221; plastic gas cans.  These things have the most impossible open/close system, an unworkable cap contraption combinging twisiting, a pump and locking mechanisms that seem practically designed to confound the user and prevent gas from coming out.  I&#8217;m told that the old metal cans with a simple spout and screw cap are now unlawful &#8212; federal regulations.  I wonder if it&#8217;s illegal to trade in those things on ebay, who knows.  I&#8217;d like to get one, though.</p>
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