Do you think WoTC should be sued?

[Ourph]

Let's say a veteran D&D user (who played/DM'd OD&D, AD&D 1st & 2nd, 3e, and 3.5) filed a lawsuit against WoTC for what they have been doing with 4e and other stuff lately. Do you think that would be justified or frivolous? I'm rather mixed on that because it may make Wizards realize what they've been doing to those who been passionate about the game and at the same time feel it may be going a bit overboard. What do you guys think?

Your post is destroying my enjoyment of the ENWorld forum. Expect to hear from my lawyers sir. I hope this makes you realize that what you've been doing to those who are passionate about ENWorld.

 

[rgard]

I'd like to sue Yahoo Serious and anybody else who was involved in making Young Einstein. That was the only movie I ever walked out of...did that 15 minutes into the show.

Lawsuits do serve a purpose though I agree it's out of control in the States. Maybe instead of tort reform we could add dueling as an alternative to litigation? Worked just fine for some of our founding fathers.

I'd pay real money to watch the Limbaugh/Olbermann duel.

 

[Shemeska]

This is why we need 1) Provisions for EXTREME countersuits when people do these kind of suits (usually in alabama), and 2) rules that say ALL PUNITIVE damages go NOT to the plaintiff or their lawyer, but to a general government fund.....I am not a big fan of govt., but if the amount is really punitive, there is no reason for plaintiff to get it...watch these sorts of things vanish

Good luck getting tort reform to pass the Senate, sadly. But this way politics lies, and it is dark and dangerous territory and we shall not go further down that path.

 

[Dannyalcatraz]

Are you even suggesting that at some point it is reasonable to introduce a cooling process that makes the coffee cooler, or to have coffee stand after it is poured before handing it to the customer?

Does any place that serves hot coffee do this? Have you ever drank a cup of coffee?

Last things first: not only have I consumed coffee, I grind my own beans at home. (I never drink or order hot liquids when I'm planning on being mobile.)

Second: if 165 degrees is deemed to be unsafe for human consumption, there are many potential solutions, including, but not limited to, introducing a cooling process.

Another possible solution is for the legislature to act (as I said) to resolve the issue, perhaps by making it illegal to dispense coffee over a certain temperature into any form of "to-go" container or drive-through window. Or removing liability for this kind of injury.

Regardless, the fact remains that evidence showed McD's coffee was hotter than the industry standard- McD's coffee temps were found to be between 180-190 degrees (i just checked)- and that is key. In PI cases involving product liability, industry standards are the first thing you look at (after relevant laws, of course). If your company's practices are outside of the industry standard, you will be asked to justify your variance. If your variance makes your product more dangerous to the public without some reasonable* justification, you're simply opening yourself up for liability. If, OTOH, you can show justification- public health, whatever- your liability may be limited or even negated.



* Reasonableness is decided by the Trier of Fact (a jury or Judge, depending) Here, McD's simply wanted to have hotter coffee, possibly to satisfy a subset of customers who wanted ultrahot coffee. They did so at their own risk, as shown by decades of settled lawsuits and one entirely avoidable landmark loss. The Trier of Fact found no justification for McD's variance from the industry standards.

 

[OnyxPharaoh]

You guys should do it the way we do in the UK - loser pays costs. Amazing how few frivolous lawsuits we get!

If we wanted to do things the way it's done in the U.K. we wouldn't have seceded!

That's right hustla, I went revolutionary on your red coat ass.
(I don't really even know what this means but it sounded gangsta when I typed it.....)

 

[OnyxPharaoh]

If she had just been having a stiff drink with her morning commute instead of coffee like a normal ing America we could have avoided this whole discussion.


Or wait, are we talking about WOTC...er Hasbro.......I mean......................I SUE THE DARKNESS!!!

 

[OnyxPharaoh]

Regardless, the fact remains that evidence showed McD's coffee was hotter than the industry standard

There very fact that there is an 'industry standard' for coffee temperature says volumes about our ability to micromanage.

I can think of lots of things I want industry standards for...coffee temperature isn't one of them.

 

[Dannyalcatraz]

There very fact that there is an 'industry standard' for coffee temperature says volumes about our ability to micromanage.

I can think of lots of things I want industry standards for...coffee temperature isn't one of them.

It says nothing if the kind: an industy standard is simply a description of the standard practices set within the industry itself, not imposed by outside authorities like laws or regulatory commissions. Every industry has them; every product is measured against it's competition. Think of it as an average of sorts.

So when McD's coffee was found to be hotter than the industry standard, they were looking at what others were actually doing within the industry, not looking at laws & regulations. Yes, there did find other companies selling coffee as hot as or hotter than McD's...but they were far and away the exception. The vast majority served their coffee at much lower temps.

Mostly to avoid burning customers, one could infer.

 

[Dice4Hire]

I've dated a number of women over the years, and generally had a good time. Then I met Susan Zimmerman. She didn't put out like I had expected. Should I sue her? Do you think that would be justified or frivolous? I'm rather mixed on that because it may make Susan realize that she didn't do what I wanted on her date, but at the same time I feel it may be going a bit overboard. What do you guys think?

I think she would have a better case against you if she HAD put out. Maybe.

 

[Dannyalcatraz]

You guys should do it the way we do in the UK - loser pays costs. Amazing how few frivolous lawsuits we get!

Actually, you CAN get your costs paid for in certain circumstances...can't tell you what cases haven't been brought because if it, since usually it shows up in "David & Goliath" type cases- esp. class actions. The last one I KNOW costs were awarded in was that huge case that "Big Tobacco" lost ($200+B!) a few years ago...

...Which resulted in another lawsuit over exorbitant lawyer fees of over $1B.