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Date: Wed, 13 Jun 2001 20:36:46 +1100
From: Christian Gerzner <christiang@cc*.co*.au*>
To: Matthias Voss <mat.voss@t-*.de*>
CC: Bruce Sherman <bruce.s@co*.co*.nz*>,
     Techdiver List
Subject: Re: NY DCS hit
> Bruce Sherman schrieb: (wrote):
> >
> > I am surprised that no law suits have been bought against manufacturers
> > such as OMS for Bondage wing type products which are clearly related to
> > some dive deaths. Or have they ?

Matthias Voss responded:
(snips)

> Who is selling law suits ? Is there a good market for them ?
> Sellouts, bargains ?

Did Bruce suggest any of that? Don't think so.
 
> If someone breaks a law, there should be a public prosecutor.

Depends on the country whose law it is.
 
> Is there a law against selling dumb eqipment ?

How's about that Ford Four Wheel Drive and (most of) the tyres on it
as original equipment, only recently?

The story broke even more recently that tennis player Martina Hingis
is suing a certain tennis shoe manufacturer for supplying her,
allegedly, with "defective" shoes. It so happens she was paid rather
handsomely for using those shoes, as in millions of dollars worth of
payment. The value of that lawsuit? $US40 million, or $20m per foot. I
note she's still playing tennis, her livelihood.

The world has truly gone mad.

> Only if the eqipment does not comply with a law a regulation, I guess.

A always, depending on the product and law of that country.
 
> Is there a law against stupidity , or stupidly using dumb equipment ? I
> guess not.

Today? I guess SO! Again, in some parts of the world only.

Today it seems that if stupid here uses a product that, with due
diligence, I should have avoided, why then I can sue the pants off the
manufacturer regardless.

Hello? This means that if I play my cards correctly USING due
diligence I can make a lot of money exploiting quite that problem.

The world has truly gone mad.
 
> Is there a law against recommending the use of dumb equipment ?
> Perhaps, if there is a formal commitment of the advisor towards the
> user.

No and yes, as above.

Mostly its called "Duty of Care". It could also be called "Due
Diligence" on the part of the purchaser of that equipment. With
respect Matthias, your English is excellent, "Due Diligence" means
that the purchaser does their homework to ensure that the product
does, capably, that which it is supposed to do.
 
> American law suit practice may deviate from europeen, though.

Actually I can confidently state that law mostly deviates from country
to country and sometimes remarkably significantly. Actually, how can
you lump the "europeen" together? I doubt that they're yet that
unified but I could be wrong there.
 
> But I get strange feeling when I hear about buying law suits, the
> thinking of balancing efforts/ revenues is sick in my opinion.

Did the original respondent (as quoted above) do this? I think not.
 
> Dangerous practice should be punished in order to prevent it from
> happening again, not in order to garanty revenues on a market based
> thinking.

I don't think this is the issue however it is AN issue. Is it a
morally correct issue when viewed in light of my comments?

Christian

PS This is getting seriously Off Topic and any responses, I think,
should be private.
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