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  #21  
Old 08-24-2012
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Re: WOW...another crazy law suit

Quote:
Originally Posted by Flybyknight View Post
As I write this, I have a 120v 30 amp plug and receptacle in hand. It is physically impossible to stick the plug in incorrectly even if the ground lug had its tiny ear worn off.
Why?
Because the 3 prongs are not 120* equally apart!
Either the receptacle was wired wrong, or the plaintiff is a liar.
Exactly - those things are tough enough to plug in CORRECTLY.
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  #22  
Old 08-24-2012
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Re: WOW...another crazy law suit

Make no mistake that the trial lawyers association lobbies very very very hard to insure their membership is advantaged.

I won't bore you will detail, unless requested, but there are several firms that are simply gaming the system to advantage themselves, when their class action benefactors get no money whatsoever. They simply get to collect their fees, which are intentionally run up, from the defendant. The class action members get a piece of paper that is worth nothing. The system is seriously broken and takes a huge toll on the consumer that they aren't ever aware of.
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  #23  
Old 08-24-2012
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Re: WOW...another crazy law suit

Sigh......I'd be willing to wager, and I'm normally not a gamblin' man, that our hero in this story was nodding his head rapidly saying "yeah, yeah...I know, I know. I HAVE sailed before you know!" during the time of instruction.

The best comment thus far, however, was the one that asked "Why would he plug into the dock power outlet BEFORE he plugged into the boat?". That's definitely backwards in my book.
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  #24  
Old 08-24-2012
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Re: WOW...another crazy law suit

I took a class "Introduction to Law" as an undergrad. The whole point of the course was that civil law was supposed to be based on the concept of "what would a reasonably prudent person do?" It was supposed to factor common sense into the equation.

I'd love to know what happened to that concept.
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Old 08-24-2012
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Re: WOW...another crazy law suit

Quote:
Originally Posted by Flybyknight View Post
As I write this, I have a 120v 30 amp plug and receptacle in hand. It is physically impossible to stick the plug in incorrectly even if the ground lug had its tiny ear worn off.
Why?
Because the 3 prongs are not 120* equally apart!
Either the receptacle was wired wrong, or the plaintiff is a liar.
Fly you're not suggesting that a plaintiff or an attorney would misrepresent facts to try and weasel out some underserved money are you?
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  #26  
Old 08-24-2012
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Re: WOW...another crazy law suit

I learned not to plug in things to an outlet by feel at age 4 when I attempted to plug a night light into a wall outlet in the dark. My finger fit perfectly between the night light conductor prongs and with my finger like that I could find the wall outlet in the dark by feel. I proceeded to pulg in the night light with my finger still there. Never did that again.
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Old 08-24-2012
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Re: WOW...another crazy law suit

I am not a fan of specious torts. All they do is run up costs for insurance consumers much to the delight of insurance companies and tort lawyers alike.

This man did not have a treatable injury mention in the article.

Should he have been shocked? No.

Marina electrical systems are often sub standard and rarely fixed or maintained well.
2 wire Romex has no business on a dock.

Putting 5 boats on one circuit is just stupid. Having run heavy 3 phase wiring for industrial purposes a few times I made it my business to do it properly lest someone get killed.
Running proper wiring is neither hard nor complicated. But what I see at many docks is frankly scary.

As far as the boat is concerned a proper thru hull for AC power made from stainless should see little wear unless improperly used. Seems to me the Owner of the boat as well as the Leasee should have checked this both prior to leasing and prior to each use as seamanship dictates.

AC around the water is bad news. Many articles are written about stray currents etc.
Knowing this it seems the responsibility falls to the user for not getting shocked.
The suit is BS but the Marina should have GFI protection and proper 3 wire 108/120 ac connections to prevent shocks.
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Old 08-24-2012
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Re: WOW...another crazy law suit

I can't really picture what happened from the article. But, if everything is wired/grounded correctly, and in good repair, I would think it very unlikely to experience a shock as described. Meaning that, I think it is at least possible that some sort of failure in the wiring/hardware did occur that contributed to the electric shock. Not saying this guy wasn't an idiot, just that maybe his idiocy is only partially to blame. After all, how many idiots have you seen in the marina who somehow are able to plug and unplug their shorepower without incident?
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  #29  
Old 08-24-2012
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Re: WOW...another crazy law suit

"I learned not to plug in things to an outlet by feel at age 4 when"
Well, let's face it. If the US wasn't infested with a couple of billion old-style 2 and 3-prong outlets, maybe half of them still lacking even a ground of any kind, we'd have to invent a new standard and the old blade-in-the-hole design would NEVER be considered safe or marketable.
I'm not suggesting we make the place safer by retrofitting a half billion outlets, just observing, there's a clear and present danger which we choose to tolerate because the alternative would be hiring a half million new electricians to wander around and change outlets and cords.

Personally I think we need to ban home electricity and kitchen heating appliances (both too dangerous, order take-in from a pro) as well as all civilian owned recreational automobiles (too resource intensive, call a cab). That won't cure everything but its a good start.
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Old 08-24-2012
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Re: WOW...another crazy law suit

Quote:
Originally Posted by scratchee View Post
..failure to have an employee of the company re-engage all shore-supplied power, among other allegations.


And this, my friends, is how we end up with rules and policies that prevent a grown adult from doing a simple task that a child could do with ten minutes of instruction.
So true, so sad.


Quote:
Originally Posted by SloopJonB View Post
They DO impact consumer behaviour in that they can drive whole industries out of existence. The light aircraft industry in the States is a shining example. When I was a kid in the 50's & early 60's Piper, Cessna, Beech etc. were vibrant companies and light aircraft were everywhere. The ambulance chasers with their product liability suits virtually eliminated the entire industry. Go to a private airfield and take a look - most of the planes in use are from that era. It's like cars in Cuba - little newer than 50 years old.

It's not the lawyers fault really - they are hired advocates. The ones to blame are the bottom feeders who LAUNCH the suits - the "injured" parties.

Lawyers are like cops & tow truck drivers - everyone loves to hate them until they need one, at which point they become their new best friend.
Good post. However the trial lawyers DO share the blame. Of course, not all, but many. A majority of the bottom feeding dirtbags that advertise on TV are the kind I'm talking about. No regard to the consequences their lawsuit will have on society. PI Lawyers ******* disgust me. Very rare that I will support a PI Lawsuit.

A talented lawyer is worth their weight in gold but being talented lawyer does not mean you merely soak the deepest pocket for the highest amount.

**** personal injury lawyers.

Just my opinion.
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