“The court also concluded the beverage could not be considered a “simple” product and given this fact, the dangerous quality of the product could not be within the realm of common knowledge so as to say the dangers were open and obvious.”
OK, the court has now ruled that the knowledge that a can of carbonated liquid might spw when you open it is now “within the realm of common knowledge”.
Is there ANYTHING LEFT “within the realm of common knowledge”? ANYTHING AT ALL?!?!?
Gravity, maybe? Oh, no, we’ve got rulings against that on already…
I’m intrigued by the summary in the POL post, and have a couple of questions for the legal experts out there. What does the one word sentence, “Reversed” refer to? The trial court verdict?
Also, what is the rule for finding something a “simple” product? It sounds like being judged a simple product would have saved Coke some grief. I’m wondering what is not simple about sugar water?
This website should be called “new lows” for the precendents that are being highlighted. What is the endgame in this act of selling and buying? Signed contracts for every pack of gum, bottle of milk, and bag of potato chips? Or is it implied already? The best reason for not starting my own business is the cost of lawsuit protection.
Or is it even possible? I already feel queasy about buying a home in the current state of torts. Help!
Admitting that she somehow injured herself with a can of soda should be nearly as embarassing as the DEA officer who shot himself in the foot.
Embarassing personal acts that result in self injury should be object lessons to those who shoot themselves in the foot or eye. Now everyone wants their 15 minutes of fame and a chance at free money.
Court rules Coke should have warning label regarding product fizz
This in from PointofLaw (via Overlawyered):
Below is the summary of an unpublished opinion recently issued by the Michigan Appeals Court. The decision allows a case to go forward against The Coca-Cola Company based upon spray exiting a can of Diet Coke…
The U.S. House of Representatives on Friday voted 230-193 to pass H.R. 2868, the Chemical Facility Anti-Terrorism Act. (Roll call vote.) All but 21 Democrats voted in favor; Republicans all opposed. With the announcement yesterday of October's 10.2 percent unemployment,... […]
The New York Post has now picked up a slightly shortened version of my City Journal piece on the housing lawsuit that contributed to a voter revolt in Westchester. P.S. And the Weekly Standard "Scrapbook" feature discusses the piece.... […]
The Washington Times assails as "dishonest" and a "poison pill" the House health bill's provisions bribing states not to enact limits on malpractice awards and attorneys' fees.... […]
In my last post, I discussed the neglect of communist atrocities. Although communist governments murdered and repressed even more people than the Nazis, their crimes have gotten only a tiny fraction of the public awareness and recognition extend to the latter. But does that neglect matter? After all, the major communist regimes have either collapsed [...] […]
Looks extremely cool, if it works. From Andrew Mager (ZDNet): What if you could draw some stick figures on a screen and somehow magically create a beautiful image montage? Well, it’s possible. A group of students in China have created [Sketch2Photo], a project that does exactly what I just described: it takes a rough, hand-drawn sketch, scours [...] […]
I started out legal life in California, clerking for the California Supreme Court and, already being a tax geek, was handed many of the state tax issues. So I have some familiarity with California’s tax law. It is complicated and in many policy aspects problematic, but also, to be clear as a lawyer, it is [...] […]
From the Chronicle of Higher Education: Americans tend to have fewer close confidants today than they did two decades ago — but that isn’t because they’re all huddled over their computers playing World of Warcraft or reading the Volokh Conspiracy. In fact, we like to think that reading the Volokh Conspiracy will give you more close confidants, [...] […]
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“The court also concluded the beverage could not be considered a “simple” product and given this fact, the dangerous quality of the product could not be within the realm of common knowledge so as to say the dangers were open and obvious.”
OK, the court has now ruled that the knowledge that a can of carbonated liquid might spw when you open it is now “within the realm of common knowledge”.
Is there ANYTHING LEFT “within the realm of common knowledge”? ANYTHING AT ALL?!?!?
Gravity, maybe? Oh, no, we’ve got rulings against that on already…
I’m intrigued by the summary in the POL post, and have a couple of questions for the legal experts out there. What does the one word sentence, “Reversed” refer to? The trial court verdict?
Also, what is the rule for finding something a “simple” product? It sounds like being judged a simple product would have saved Coke some grief. I’m wondering what is not simple about sugar water?
This website should be called “new lows” for the precendents that are being highlighted. What is the endgame in this act of selling and buying? Signed contracts for every pack of gum, bottle of milk, and bag of potato chips? Or is it implied already? The best reason for not starting my own business is the cost of lawsuit protection.
Or is it even possible? I already feel queasy about buying a home in the current state of torts. Help!
Admitting that she somehow injured herself with a can of soda should be nearly as embarassing as the DEA officer who shot himself in the foot.
Embarassing personal acts that result in self injury should be object lessons to those who shoot themselves in the foot or eye. Now everyone wants their 15 minutes of fame and a chance at free money.
Court rules Coke should have warning label regarding product fizz
This in from PointofLaw (via Overlawyered):
Below is the summary of an unpublished opinion recently issued by the Michigan Appeals Court. The decision allows a case to go forward against The Coca-Cola Company based upon spray exiting a can of Diet Coke…
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