how come Walmart had to recall diving sticks when people were only getting hurt for using them wrong?

Question

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but McDonalds isn't recalled for people using it in disordered eating?

Answer 1

THIS IS NOT LEGAL ADVICE, do not rely on this for any purpose.

Whether a manufacturer or merchant is liable for injuries caused by a product is not determined by whether a person was using the product for its intended use.

To establish strict liability in product liability cases, the plaintiff must establish (1) the defendant is merchant, (2) the defect (warning, manufacture, or design defect) existed at the time it left the defendant's control, (3) the product was not altered, and (4) the product was used in a foreseeable manner, not necessarily for its intended purpose. When these elements are established, the merchant or manufacturer is strictly liable for the injuries caused.

Thus, if a chair collapses while an individual is using the chair to go up on to screw a light bulb, the manufacturer and merchant can still be liable. As long as the product is used in a foreseeable manner, which is much broader than intended uses, the merchant and manufacturer can be liable.

Thus, in this particular case, Walmart can still be liable for the injuries even if it they were not used for their intended purposes. If using the diving sticks in the manner described was foreseeable, Walmart would still be liable.

Additionally, to address the people who always bring up the McDonalds case without actually reading it:

Before you criticize a decision, you should read the opinion in the case. The plaintiff was awarded a small number for compensatory damages. The bulk of the award was for punitive damages. The plaintiff in the case suffered second and third degree burns which also burned her groin, genitals, inner thighs, and buttocks. These burns caused her to be hospitalized for a number of days. During her hospital stay, she had to undergo surgery for skin grafting and debridement.

Furthermore, during discovery, it was determiend that McDonalds had recieved over 700 complaints of similar injuries during a 10 year period. McDonalds' witnesses also testified that their policy was to keep the coffee at 180-190 degrees, substantially higher than the average coffee temperature made at other simliar places. McDonalds employees had testified that they knew it was too hot and that it could cause such severe burning. The Shriner Burn Institute had previously warned McDonalds that the temperature at which the coffee was served would cause burns to patrons. McDonald's emplyoees further testified that they decided to keep the coffee at that temperature despite the possibility of life-threatening burns because it was cheaper for them to just pay off lawsuits.....until this one came about (although the punitive award only amounted to two days worth of profits from coffee sales for McDonalds). The jury likely decided to punish McDonalds by awarding punitive damages because of this.

Answer 2

It;s called - lawyers. Fear of and cost of a law suit is often the driving force behind such a recall.

It does not matter if you are right or did nothing wrong, it matters what it will cost to prove you are right.

If I am Walmart, I look at the sticks and say; I will make $150.000 selling these. Then I look at the possible law suits from idiots who will run to a lawyer when they use the sticks wrong and get hurt, and say, each suit will cost me $250,000 dollars to win, or $50,000 to make go away.

Do the math. You recall the item and dump it to a liquidator. Let him fight the suit.

Proof positive of why this fear is real:

McDonalds loses a suit for hot coffee that burned the lady. The coffee BY LAW had to be at least 150 degrees to make sure there were no bacteria.

Winabego loses a suit for an accident where the travel trailer lost control. The driver set the cruise control and GOT UP TO FIX A CUP OF COFFEE, leaving no one at the wheel.

McD again, lost a suit to a lady who slipped and fell on spilt soda pop and ice. Pay out +80,000. The ice and soda was from the glass she threw at her boyfriend while they were having a fight. When he stormed out of the restaurant, she chased after and slipped.

It goes on and on.

Answer 3

lol...I think I caused that recall with the diving sticks...I thought I was a ninja with them lol

Answer 4

lolz ^_^
it's called the death of common sense ^_^

isn't it odd that you can sew a store if you buy coffee there, and it burns you ^_^ i mean isn't it common sense that the coffee is hot ^_^

and how in school, you can get arrested for sexual harassment if you hug somebody ^_^

and how in school the teacher needs permission from the parents to give a child a band aid and peroxide if they get hurt. but they can't notify the parent if a child gets pregnant and wants an abortion ^_^

i'm tellin you joey ^_^
it's the death of common sense ^_^

Answer 5

I do not joey but it is funny and true about the mc donalds

Answer 6

what is a diving stick???? now, i need to know!!!!

Answer 7

LOL..that's a very good question..

Answer 8

....i don't know.... * looks confused *.... : ( aww...now I'm confuzzled! Oh well! : ) * giggles *

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