Mailing List Archive

Mailing List: techdiver

Message Display

  A.APPLEYARD@fs*.mt*.um*.ac*.uk* raised the subject of a diver suing or
prosecuting the maker or supplier of defective goods.

  Carl Heinzl <cgh@ma*.ai*.mi*.ed*> replied (Subject: Neutraleak lights):-
> In order to sue someone you have to have "standing" - or, to put it more
> simply, a REASON to justify WHY you should be able to sue them. ...

  I.e. to sue for damages I need to have suffered damage for me to sue for it.

> I have had *private* conversations with people closely connected with Dive
> Rite and who sell their stuff. They *admit* that it's a bad design and talk
> about their "next/great light" but, it's not yet forthcoming.

  If the makers of Neutraleaks (or what their proper name is) sue gmiiii for
his allegations about them: well, I heard that that happened (in a non-diving
context) long ago, the first time a consumers' advisory magazine ventured to
name a tradename when speaking adversely of goods. The magazine published its
allegations; the makers sued the magazine for libel damages; the magazine
pleaded `veritas' (i.e. "I did publish those words but hold that they are
true") and won, and that set a precedent for consumers' advisory magazines to
be able to name firms and tradenames when speaking adversely of products.
  P.S. What <IS> the proper name for Neutraleaks? Sorry to show my ignorance.

> The word "prosecute" implies public action as taken by a district attourney.
> You would be referring to a "civil" suit, UNLESS somehow, criminal
> negligence were brought forth someone, but, in this case, it would be VERY
> hard to prove.

  In British law, most criminal actions are in theory brought by the current
King or Queen (who is called `Rex' or `Regina' in the heading of the case
matter, e.g. "The case of R. versus John Qwerty"); but ordinary people also
can bring a prosecution: this is called a `private prosecution'.

Navigate by Author: [Previous] [Next] [Author Search Index]
Navigate by Subject: [Previous] [Next] [Subject Search Index]

[Send Reply] [Send Message with New Topic]

[Search Selection] [Mailing List Home] [Home]