Debates Forum

Debates Forum

  1. Joined
    29 Dec '08
    Moves
    6788
    21 Jan '16 05:502 edits
    You are parents.
    There are reports of hoverboard fires.
    You are A. aware of them or B. unaware of them.
    You give your daughter a hoverboard for Xmas.
    The house mostly burns down.
    Two loved dogs die.
    The above happened (with the conditional A or B, either way).
    Do you sue the manufacturer?
    Is there contributory negligence on the part of the parents?

    http://abc7news.com/news/hoverboard-blamed-for-santa-rosa-house-fire-that-killed-dogs/1166917/
  2. Cape Town
    Joined
    14 Apr '05
    Moves
    52945
    21 Jan '16 07:15
    A neighbouring flat was burnt earlier this year, we believe due to leaving some electrical equipment turned on. I don't know the details. Am I now partly responsible if my flat burns down started by an electrical fault?
  3. Subscriberno1marauder
    Humble and Kind
    In the Gazette
    Joined
    22 Jun '04
    Moves
    39965
    21 Jan '16 13:10
    Originally posted by JS357
    You are parents.
    There are reports of hoverboard fires.
    You are A. aware of them or B. unaware of them.
    You give your daughter a hoverboard for Xmas.
    The house mostly burns down.
    Two loved dogs die.
    The above happened (with the conditional A or B, either way).
    Do you sue the manufacturer?
    Is there contributory negligence on the part of the parents?

    http://abc7news.com/news/hoverboard-blamed-for-santa-rosa-house-fire-that-killed-dogs/1166917/
    Buying a defective product does not amount to "contributory negligence" IMO.

    The hoverboard was being charged, malfunctioned and started a fire that devastated the family home and killed their two dogs. I'd say the chance of a lawsuit being filed is close to 100%.
  4. The Catbird's Seat
    Joined
    21 Oct '06
    Moves
    2598
    21 Jan '16 13:39
    Originally posted by no1marauder
    Buying a defective product does not amount to "contributory negligence" IMO.

    The hoverboard was being charged, malfunctioned and started a fire that devastated the family home and killed their two dogs. I'd say the chance of a lawsuit being filed is close to 100%.
    That's the deep pockets theory.
  5. Cape Town
    Joined
    14 Apr '05
    Moves
    52945
    21 Jan '16 13:43
    Originally posted by JS357
    You are parents.
    There are reports of hoverboard fires.
    I think the key question would be whether or not the hoverboard actually came with any warnings in its instructions. I don't think the existence of reports of fires in any way helps the manufacturers case in terms of reduced responsibility. If anything, quite the opposite. If the manufacturer was aware of these reports it should have either recalled the products and /or sent warnings to its customers.
  6. Standard membersh76
    Civis Americanus Sum
    New York
    Joined
    26 Dec '07
    Moves
    17585
    21 Jan '16 15:22
    Originally posted by JS357
    You are parents.
    There are reports of hoverboard fires.
    You are A. aware of them or B. unaware of them.
    You give your daughter a hoverboard for Xmas.
    The house mostly burns down.
    Two loved dogs die.
    The above happened (with the conditional A or B, either way).
    Do you sue the manufacturer?
    Is there contributory negligence on the part of the parents?

    http://abc7news.com/news/hoverboard-blamed-for-santa-rosa-house-fire-that-killed-dogs/1166917/
    Of course you sue the manufacturer. Why would you not? Liability in cases of mismanufacture like this is almost a foregone conclusion; the only question is damages.

    If there were a big warning label on the box telling you about the risk of fire, then perhaps assumption of risk could be a defense.
  7. Joined
    29 Dec '08
    Moves
    6788
    21 Jan '16 16:08
    I smell a recall.
  8. Subscriberno1marauder
    Humble and Kind
    In the Gazette
    Joined
    22 Jun '04
    Moves
    39965
    21 Jan '16 16:11
    Originally posted by normbenign
    That's the deep pockets theory.
    No it isn't.
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