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  #26  
Old 01-24-2013, 11:24 AM
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Default Re: Seau's Family sues NFL

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Originally Posted by Robbie Sharp View Post
Coal miners don't make millions of dollars a year either. Generally, Seau was the one doing the hitting, hence the nickname "say ouch". It doesn't take a rocket scientist to know that their job is dangerous. They are playing against the biggest, strongest, and fastest athletes in the country. The average NFL career lasts 3 to 6 years depending on who you ask. What's next: boxers, MMA, baseball players who got hit by one too many pitches? What's getting scary is people not accepting responsibility for their own actions. A perfect example is if I go to my neighbor's house to watch the game, and slip on his porch. Even though I knew there was ice and snow everywhere I sue my neighbor? Not gonna happen from me, and it shouldn't happen anywhere, but people don't accept responsibility for their actions, it ALWAYS somebody else's fault, and that's crap.
What if your neighbor knew there was a very dangerous condition on his property and lied to you about it?

If the NFL did not lie or deceive anyone about the level of danger then they should not be punished. Players are responsible for accepting all KNOWN risks. But if there were levels of risk that the NFL hid or lied about then they should be punished for that.

People tried to sue tobacco companies for many years but always failed. The tobacco companies were not found liable in any case until evidence arose proving that they lied and hid the extent of the dangers.
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  #27  
Old 01-24-2013, 11:37 AM
Nebuchadnezzar Nebuchadnezzar is offline
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Default Re: Seau's Family sues NFL

The thing about the McDonalds coffee was that McDonalds kept their coffee abnormally hot and didn't warn people how hot it was. I don't know at what tempurture you brew your coffee at home is but the coffee at McDonalds was twice as hot. My lawyer told me that this lady had multiple surgeries to repair the skin that was burned off.

Coal miners where dieing from cave ins and black lung. Owners of the coal mines knew the dangers and did nothing to protect their workers.

Cigarette companies knew the dangers and didn't tell the public about the dangers. The cigarette companies also added ingredients to their tobacco to make cigarettes more addicting than they already are.

The thing about the NFL is that they know the dangers and they are trying to protect the players. There is no case here, but who knows.
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  #28  
Old 01-24-2013, 12:23 PM
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Default Re: Seau's Family sues NFL

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The thing about the McDonalds coffee was that McDonalds kept their coffee abnormally hot and didn't warn people how hot it was. I don't know at what tempurture you brew your coffee at home is but the coffee at McDonalds was twice as hot. My lawyer told me that this lady had multiple surgeries to repair the skin that was burned off.

Coal miners where dieing from cave ins and black lung. Owners of the coal mines knew the dangers and did nothing to protect their workers.

Cigarette companies knew the dangers and didn't tell the public about the dangers. The cigarette companies also added ingredients to their tobacco to make cigarettes more addicting than they already are.

The thing about the NFL is that they know the dangers and they are trying to protect the players. There is no case here, but who knows.
I have worked at mcdonalds and they brew their coffee the same way someone brews it at home.. And if you need someone at a fast food restraunt to tell you the coffee is hot dont spill it on yourself then you are obviously not smart enough to operate a Car either.

I think who ever Said if you want to reduce head injuries in the NFL Remove all the helmets is probly right... The helmet was for protection against accidental contact.. But Defensive players use it as a point of attack.. (and offensive players lower their helmets right in the way now trying to drawl that flag)
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  #29  
Old 01-24-2013, 12:39 PM
Nebuchadnezzar Nebuchadnezzar is offline
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Default Re: Seau's Family sues NFL

McDonalds Coffee Case
http://www.lectlaw.com/files/cur78.htm

Quoted from the article

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During discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard.

McDonalds also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.

Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.
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  #30  
Old 01-24-2013, 12:57 PM
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Default Re: Seau's Family sues NFL

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Originally Posted by Nebuchadnezzar View Post
McDonalds Coffee Case
http://www.lectlaw.com/files/cur78.htm

Quoted from the article
Lets also add to the fact that Liebeck attempted to recover from McDonalds only $20,000, probably to cover her medical expenses. McDumdies refused.

Go to the site Neb provided and read the account of what happened and what she had to endure as a result. Coffee should not be able to produce 3rd degree burns ever. How would one drink such a thing?
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  #31  
Old 01-24-2013, 01:27 PM
Robbie Sharp Robbie Sharp is offline
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Default Re: Seau's Family sues NFL

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What if your neighbor knew there was a very dangerous condition on his property and lied to you about it?

If the NFL did not lie or deceive anyone about the level of danger then they should not be punished. Players are responsible for accepting all KNOWN risks. But if there were levels of risk that the NFL hid or lied about then they should be punished for that.

People tried to sue tobacco companies for many years but always failed. The tobacco companies were not found liable in any case until evidence arose proving that they lied and hid the extent of the dangers.
Then I assume liability by stepping on his property, you shouldn't have to post a warning sign on your property about everything that may be wrong there.
The NFL is a high risk job, anybody knows that going in. What about NFL players that take PED's, maybe somebody should sue THEM, as they pose a bigger danger to themselves and other athletes than a normal player would? Was there any way to test for those in this case, and were there any tests done?
Hell, a lot of celebrities commit suicide when they are no longer in the limelight, should the movie industry be sued for not providing counseling to let them down easy?
The tobacco companies actually enhanced the dangers, by adding substances to their cigarettes and lying about them, that's different.
People die every day, we're dying as we speak; yet I'm not setting around thinking about somebody to blame for it, as it couldn't possibly be my fault now could it? Sure coffee is hot and why? For one thing it tastes better that way, and two, everybody would whine and cry if it was cold. But, when I get a cup from Dunkin Donuts, I always test if before drinking because it usually has to cool first, same thing at home.
But in the end, you know what the worst part is? Companies don't really pay for these things, sure, they write the big check, but the actual cost is passed on to you and me; and that's what most people fail to see when they are looking for ways to get money for nothing. They get big dollars from companies, who recoup those losses; pennies at a time, from all of us.
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  #32  
Old 01-24-2013, 01:43 PM
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Default Re: Seau's Family sues NFL

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But in the end, you know what the worst part is? Companies don't really pay for these things, sure, they write the big check, but the actual cost is passed on to you and me; and that's what most people fail to see when they are looking for ways to get money for nothing. They get big dollars from companies, who recoup those losses; pennies at a time, from all of us.
Based on the theory of free market they can't successfully do that unless all of their competitors are forced to raise their prices also.

Punitive damages hurt companies because if they raise their prices to pay for the punitive damages then they lose market share to the competition.
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  #33  
Old 01-24-2013, 01:50 PM
Robbie Sharp Robbie Sharp is offline
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Default Re: Seau's Family sues NFL

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Based on the theory of free market they can't successfully do that unless all of their competitors are forced to raise their prices also.

Punitive damages hurt companies because if they raise their prices to pay for the punitive damages then they lose market share to the competition.
That's a fine theory, but in practice, if someone wants a Big Mac they can't get one at Burger King. Usually if I'm hungry, I pay what the sign says, arguing gets me nowhere.
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  #34  
Old 01-24-2013, 01:53 PM
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Default Re: Seau's Family sues NFL

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Originally Posted by Robbie Sharp View Post
Then I assume liability by stepping on his property, you shouldn't have to post a warning sign on your property about everything that may be wrong there.
The NFL is a high risk job, anybody knows that going in. What about NFL players that take PED's, maybe somebody should sue THEM, as they pose a bigger danger to themselves and other athletes than a normal player would? Was there any way to test for those in this case, and were there any tests done?
Hell, a lot of celebrities commit suicide when they are no longer in the limelight, should the movie industry be sued for not providing counseling to let them down easy?
The tobacco companies actually enhanced the dangers, by adding substances to their cigarettes and lying about them, that's different.
People die every day, we're dying as we speak; yet I'm not setting around thinking about somebody to blame for it, as it couldn't possibly be my fault now could it? Sure coffee is hot and why? For one thing it tastes better that way, and two, everybody would whine and cry if it was cold. But, when I get a cup from Dunkin Donuts, I always test if before drinking because it usually has to cool first, same thing at home..
Okay, I call ther people out for creating straw men all the time, so that is not what I am doing here. But I have one question for you.

Do you think there is any case where an employer could be held responsible for lying about the dangers of the working conditions for its employees, or do you just say they should never be liable for anything like that under any circumstances?.

Because all I am saying is that if the facts show the NFL actually lied or suppressed information they should be liable. I am not saying that Seau's family should collect anything if his problems were just caused by the threats that all players already know about.
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  #35  
Old 01-24-2013, 01:55 PM
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Default Re: Seau's Family sues NFL

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That's a fine theory, but in practice, if someone wants a Big Mac they can't get one at Burger King. Usually if I'm hungry, I pay what the sign says, arguing gets me nowhere.
So you don't believe that the cost of a product is set by competition in the free market?
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  #36  
Old 01-24-2013, 02:15 PM
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Default Re: Seau's Family sues NFL

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So you don't believe that the cost of a product is set by competition in the free market?
Not in this example, and you don't either. Some people smoke generic cigarettes due to the cost factor, while others insist on the name brand no matter what they cost. The sad fact is, you can't get a Big Mac at Burger King or Wendy's, and since McDonald's is the big number one, a very small fractional increase will allow them to recoup more than a smaller chain could by raising their somewhat competitive sandwich a nickel.Now, if a different factor like quality of the product were to drop, then free enterprise kicks in and people start consuming the next big thing.
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