Citizens Against Lawsuit Abuse of Central Texas

Dallasblog.com
August 26, 2010

When I look at some of the lawsuits being filed nowadays, I see certain elements of a Wild West mentality:  claim anything you want, regardless of how ridiculous or unsupportable it sounds.  Maybe you’ll get poured out on the sidewalk by a no-nonsense judge or a jury with its collective head screwed on straight, but just maybe your common sense-defying allegations will be warmly received and you’ll get the legal system’s equivalent of a golden ticket.  People ask me all the time why some individuals file what seem to be perfectly frivolous lawsuits, and I tell them it’s the same mentality that keeps people flocking to casinos even when they know the odds are stacked in the house’s favor.  Greed, combined with more hope than reason, is a powerful source of motivation.

Take, for example, the lawsuit filed against a company called KatachiSF, Inc. in San Francisco Superior Court on June 28, 2010.  I don’t have all the facts of the case, admittedly, but the summary that accompanied its filing appears to give us the highlights of the story.  It’s a personal injury lawsuit, brought by a plaintiff who says the store should’ve warned him that playing with a sharp sword displayed there might result in him slicing his hand open as he tried to replace it in its scabbard.  In essence, the plaintiff is saying “You failed to warn me that something sharp could cut me.”  Should a store really have to warn people that sharp things can cut you?  If you’re an adult who needs to be warned about something as open and obvious as that, get used to being on the receiving end of life’s bumps and bruises (and cuts, for that matter).  And for goodness sake, don’t draw attention to your own lack of common sense by filing a lawsuit.

Another failure to warn case was filed in federal court in Georgia in 2009 by Steven Morris against Harley-Davidson Motorcycles.  Mr. Morris was involved in a crash on his Harley Ultra Classic that injured him and claimed the life of his wife.  Morris claims that Harley-Davidson failed to adequately warn him that overloading the motorcycle could be dangerous and affect the bike’s stability and handling  Let’s look at how the iconic American motorcycle maker supposedly failed to warn Morris:

-   The owner’s manual for the bike cautions the user that exceeding the motorcycle’s Gross Vehicle Weight Rating (GVWR) of 420 lbs. over its curb weight can affect the motorcycle’s stability and handling, and that in turn can result in death or serious injury.

-   Just in case there’s any confusion, the owner’s manual includes a plain English explanation that GVWR means that the bike only has an additional 420 pounds of weight capacity for the rider, any passenger, cargo, and any accessories.

-   And, in the event that the user doesn’t consult the owner’s manual, Harley also puts the GVWR on an information plate on the frame steering head.

-   If that’s not enough, Harley-Davidson also puts a warning inside the storage compartment on the Ultra Classic’s back end, just behind the passenger seat.  This warning reminds the user that overloading with too much weight can cause a loss of control and lead to death or serious injury.

-   Finally, the owner’s manual also states, “Do not pull a trailer with a motorcycle.  Pulling a trailer can cause tire overload, reduce braking efficiency and adversely affect stability and handling, which could result in death or serious injury.”

Read More from the Source:http://www.dallasblog.com/201008251006983/john-browning-s-legally-speaking/dont-say-i-didnt-warn-you.html