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- 约1.21万字
- 约 11页
- 2021-03-22 发布于湖北
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Passage l
Its a rough world out there. Step outside and you could break
a leg slipping 滑倒 on your doormat. Light up the stove and you
could burn down the house. Luckily, if the doormat 门前擦鞋垫
or stove failed to warn of coming disaster, a successful
lawsuit might compensate you for your troubles. Or so the
thinking has gone since the early 1980s, when juries began
holding more companies liable for their customers
misfortunes.
Feeling threatened, companies responded by writing
ever-longer warning labels, trying to anticipate every
possibLe accident. Today, stepladders carry labels several
inches long that warn , among other things, that you
might-surprise! --fall off. The label on a child s Batman
cape cautions that the toy does not enable user to fly.
While warnings are often appropriate and necessary--the
dangers of drug interactions, for example--and many are
required by state or federal regulations, it isnt clear that
they actually protect the manufacturers and sellers from
liability if a customer is injured. About 50 percent of the
companies lose when injured customers take them to court.
Nowthe tide appears to be turning. As personal injury claims
continue as before, some courts are beginning to side with
defendants, especially in cases where a warning label probably
wouldnt have changed anything. In May , Julie Nimmons,
president of Schutt Sports in Illinois, successfully fought
a lawsuit involving a football player who was paralyzed in a
game while wearing a Schutt helmet. We re really sorry he
has becomeparalyzed , but helmets aren t designed to prevent
those kinds of injuries , says Nimmons.The jury agreed that
the nature of the game, not the helmet, was the reason for the
athletes injury. At the same time, the American Law
Institute--a group of judges, lawyers, and academics whose
recommend
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