Can you be wrongfully injured through your own fault?

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  #1  
Old 01-01-08, 12:27 PM
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Can you be wrongfully injured through your own fault?

I has just finished reading the article about banished words, many because they are redundant or make no sense.
http://www.lssu.edu/banished/current.php

Then I saw a commericial for a law firm, and you should call if you are "wrongfully injured, through no fault of your own".
 
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Old 01-01-08, 02:24 PM
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I guess that is to keep people who have been "justifiably" injured, through their own fault from calling. You know, those people who place hemorrhoid medicine in the incorrect orifice, or who set a TV on their garden tub to catch Oprah, and the dog trips on the cord, tipping it into the tub with them. Or like the guy in the news lately who couldn't afford beer, instead ingested mass quantities of gasoline in milk, puked into the fireplace, burned down the house and killed himself and his sister. True, but not for Nugent.
 
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Old 01-01-08, 03:09 PM
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Don't forget the idiot who put a cup of hot coffee between her legs and then tried prying the lid off to put her cream & sugar in and scalded herself. How she managed to collect on that lawsuit I'll never understand.
 
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Old 01-01-08, 03:54 PM
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Originally Posted by the_tow_guy View Post
Don't forget the idiot who put a cup of hot coffee between her legs and then tried prying the lid off to put her cream & sugar in and scalded herself. How she managed to collect on that lawsuit I'll never understand.
Ok, now you did it. Unless you have read the entire situation concerning Stella Liebeck, you most likely do not have the story correct. It is not as simple as it sounds and Mickey D's was negligent in the fact that they had been warned of burns caused by their too hot coffee before. One of their defenses to it being too hot was they believed (ya right) that people were intending on taking the coffee home to drink.

If you want to read the real story, let me know. I'll get you a link.
 
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Old 01-01-08, 06:52 PM
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Originally Posted by Integrator97 View Post
Then I saw a commericial for a law firm, and you should call if you are "wrongfully injured, through no fault of your own".
But what if I'm rightfully injured and it's my fault

sorry......... it's been a long day
 
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Old 01-01-08, 07:21 PM
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Originally Posted by marksr View Post
But what if I'm rightfully injured and it's my fault
Mouthin' off at the bar can lead to that.
 
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Old 01-01-08, 08:44 PM
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The McD's story has two parts about which most are unaware:

The first is, as nap mentioned, that McD's had been warned many times in the past that their coffee was too hot and someone was going to get hurt. Their coffee was at 200 F. As a result, the majority of that huge verdict was punative damages, meaning that they were mean to punish McD's, not necessarily reflective of the damage caused to the plaintiff.

Second issue is that the woman was burned more significantly than most realize - the scarring was so bad that she now has to wear diapers for the rest of her life.
 
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Old 01-02-08, 05:40 AM
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I guess they'll have to start putting cup holders in cars. Oh, they already do? If Mickey was properly warned, yes punitive damages should be awarded. But there has to be some culpability in not being smart or not using a conventional means of holding the cup, ie cup holders! There ain't no way I'd hold anything in my crotch while driving, especially something too hot to hold in my hands. The individual outcome was a sad event, and not to be taken lightly, but the overall picture gets too political for the forum.
 
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Old 01-02-08, 03:07 PM
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I didn't read the transcript, but I got enough of the story to understand that, yes, Mickey D's coffee was way too hot (and by the way tastes like crap, but that's another issue) and the lady was badly burned. I wouldn't want a luke warm cup spilled in my crotch much less one that's steaming hot. But as Chandler opines, if she hadn't parked it between her legs in the first place there's no story.

Going off on a legal tangent, can someone in the legal business explain to me why it's necessary for one of the local ambulance chaser's radio spots to include a statement by the person reading the spot that he is "not an attorney spokesperson". ?
 
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Old 01-02-08, 03:33 PM
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stella was found to have some liability. Can;t remember offhand but it seems like it was 10 or 20%. Mcd's appealed and won the appeal. The two parties then negotiated a private settlement with no disclosure clauses so nobody but those intimately involved know hou much she actually got.

just a note, she originally asked for her med bills to be paid and that would settle it. Somewhere around $20k if I remember but McD's said no and the rest is history.


tow guy; I am far from "in the legal business" but I wonder it it isn;t like the "the products or views expressed in this commercial/ tv show/ infomercial/ etc. are not neccesarily the views of the broadcasting company disclaimer. Maybe simply to let folks know, I am paid to do this and really don;t care so don;t beat me up if you see me and don;t like the guy I was speaking about.
 
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Old 01-03-08, 06:40 AM
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Beats me; always sounds kind of nutty to me. Makes about as much sense as it would be if I was watching an AAMCO commercial that closed with the copy reader saying, "Not a mechanic spokesperson".
 
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Old 01-03-08, 10:14 AM
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Originally Posted by the_tow_guy View Post
Beats me; always sounds kind of nutty to me. Makes about as much sense as it would be if I was watching an AAMCO commercial that closed with the copy reader saying, "Not a mechanic spokesperson".
I don't trust those guys. Years ago, when I was deployed, my wife had my car serviced right before I got back. It had 100k on it, and she had the transmission serviced to, at sears. Then the tranny started slipping, took it to aamco, and the put it on a lift and pulled the pan. The showed me how my bands were loose and I needed it rebuilt, at about $700 (1985). I couldn't afford it, so they put it back and said "I would park it til you can fix it. It's not safe to drive." Funny, I left and it was fine for several days. Turned out when they serviced it, the new tranny fluid ate up the gunky old buildup which was keeping it from leaking. So it was just low on fluid. Drove it for quite a while after that, without rebuilding the tranny.
 
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