by "CaptDale - is secretly British" (captdale)
Published 01/18/2017 at 17:30
by "CaptDale - is secretly British" (captdale)
Published 01/18/2017 at 17:30
Tags: apple
; lawsuit
; RESPONSIBILITY
STARS: 7
*rant* buffer
Is Common sense dead? Are people just stupid now? I don’t get it. There is a FP article about Apple being sued for not using tech to keep people from using their phones while driving. WHAT?! How in the world is this Apple’s fault? So what if there is technology to stop people from driving and texting? What about the passengers? Make them click they are a passenger you say.
Pokemon Go did that and a driver can click that as well. And as a passenger I would be very annoyed by this.
As a vehicular operator and a person that applies common sense, I know that I would be the negligible party if I, as the driver, decided to operate an electronic device while driving. Not my phone maker’s fault that they allowed it a possibility. TAKE SOME GOD DAMN RESPONSIBILITY PEOPLE!! It is your fucking fault, not theirs. Sure fine, sue the driver of the car that hit you or your family member. It is that person’s fault for being stupid enough to text and drive.
I don’t particularly care for Apple products, but fuck off people, it isn’t their fault!
"Future next gen S2000 owner" (future-next-gen-s2000-owner)
01/18/2017 at 17:35, STARS: 4
Why take responsibility when you can sue a rich ass company and get a fat pay day? When in doubt sue those with the deepest pockets.
I’m betting the only reason Apple is getting sued is because the other driver didn’t have enough insurance or money for the crash.
"crowmolly" (crowmolly)
01/18/2017 at 17:35, STARS: 2
Personal responsibility has been going out the window for a while now.
"CaptDale - is secretly British" (captdale)
01/18/2017 at 17:39, STARS: 0
That is just so disappointing.
"CaptDale - is secretly British" (captdale)
01/18/2017 at 17:39, STARS: 0
That is even stupider
"Urambo Tauro" (urambotauro)
01/18/2017 at 17:42, STARS: 0
As twisted as that sounds, you’re probably right.
"404 - User No Longer Available" (toni-cipriani)
01/18/2017 at 17:46, STARS: 1
!!! UNKNOWN CONTENT TYPE !!!
"Svend" (svend)
01/18/2017 at 17:54, STARS: 2
I blame the lawyers and judges.
When a stupid, ridiculous, etc... case such as this comes to them. They should shout at them to grow up and f*** off and then finally slap them round the back of the head for being such a waste of oxygen then send them on their way.
People these days are always blaming others for stuff that’s happened to them rather than the person who caused it.
What next? Get t-boned at a set of traffic lights, blame the manufacturer of the traffic lights for not stopping the other car.
Drunk driver, blame the 7-11 that sold them the beer earlier in the week or the brewery that made the beer.
Get hit by a speeder, blame the police for not having a car with visual lights and a siren audible to stop the speeder from speeding.
etc...
"CaptDale - is secretly British" (captdale)
01/18/2017 at 17:54, STARS: 0
This makes me want to strangle stupid people.
"Rust and Dust - Oppositelock Forever" (rustanddust)
01/18/2017 at 17:55, STARS: 1
Remember the hot coffee lawsuit McDonald’s (I think it was) dealt with a few years ago? This is almost tame by comparison.
I still wholeheartedly support removal of warning labels from products. Lets let natural selection run its course.
"CaptDale - is secretly British" (captdale)
01/18/2017 at 17:57, STARS: 1
False
!!! UNKNOWN CONTENT TYPE !!!
"CaptDale - is secretly British" (captdale)
01/18/2017 at 18:09, STARS: 2
Exactly! They need to get smacked at told to leave
"PatBateman" (PatBateman)
01/18/2017 at 18:11, STARS: 2
“Is Common sense dead? Are people just stupid now?”
Yes, and yes.
The plaintiff (and their attorney) is simply looking for a quick settlement from Apple. Hundreds of thousands of these lawsuits are filed every year, and they get settled quietly. That or the judge throws it out.
Here’s to hoping for a sane judge.
"Neil drives a beetle and a fancy beetle" (1500sand535)
01/18/2017 at 18:14, STARS: 1
People who criticize that lady in my experience don’t know any of the actual facts. McDonalds ignored thousands of complaints from other people about how hot their coffee was, they served their coffee hotter than the industry standard because most people liked that their coffee was hot for the whole ride to work, and the lady who won that big lawsuit tried to settle for her medical bills costs alone very early on.
There are despicable litigants out there, that lady just isn’t one.
"Neil drives a beetle and a fancy beetle" (1500sand535)
01/18/2017 at 18:19, STARS: 1
Did ya read the article? The lawsuit stems from someone who was HIT BY another person using their phone. It has nothing to do with the personal responsibility of the person bringing the lawsuit.
"Rust and Dust - Oppositelock Forever" (rustanddust)
01/18/2017 at 18:19, STARS: 1
Well now I feel like an ass.
I suppose I’m proof positive that the media campaign worked (I was about 12 when it happened, remembered it on the news, and 12 year old me took it as fact, and filed it away).
Thanks for sharing that/educating me, by the way.
"Nauraushaun" (nauraushaun12)
01/18/2017 at 18:23, STARS: 4
Sure fine, sue the driver of the car that hit you or your family member
Unfortunately at this point your family member has already been hit/killed. They’re trying to catch it before it happens.
But you’re dead on. People are idiots and there’s no way Apple should be getting sued for this.
But what is the answer? People won’t stop doing it, but it’s hard to police without casting a huge net.
"Neil drives a beetle and a fancy beetle" (1500sand535)
01/18/2017 at 18:24, STARS: 0
You may want to read the article. A family of four was hit by another person who was on their phone using FaceTime. This is not a question of personal responsibility. The plaintiff was hit by a phone user.
"Nauraushaun" (nauraushaun12)
01/18/2017 at 18:24, STARS: 0
This isn’t natural selection. If you crash a modern car because you’re on your phone, odds are you’ll survive (and get an insurance payout), and the pedestrians will be killed.
"CaptDale - is secretly British" (captdale)
01/18/2017 at 18:25, STARS: 0
There isn’t really a way to stop it, people will die as unfortunate as it is. Part of survival of the fittest.
"CaptDale - is secretly British" (captdale)
01/18/2017 at 18:26, STARS: 1
Dude, I was the same way till I saw this. Always happy to share truth and educate.
"CaptDale - is secretly British" (captdale)
01/18/2017 at 18:26, STARS: 3
Right, but it isn’t Apple’s fault that person was using their phone
"Neil drives a beetle and a fancy beetle" (1500sand535)
01/18/2017 at 18:34, STARS: 2
I think reasonable minds could differ. If a company chooses to leave off a safety mechanism to sell more of a product, then when that lack of a safety feature results in someone being hurt, it makes sense to at least ask a jury whether or not omitting the feature was reasonable considering the potential harm and the benefit from not using it.
I am a member of the bar but not a practicing attorney so I probably look at this different from some people.
Also, I literally never use a phone while driving and I do think something needs to be done because every one else seems to be almost constantly on their phone while driving. If phone manufacturers have the technology, I would love to see it implemented or at least know the cost/benefits.
"CaptDale - is secretly British" (captdale)
01/18/2017 at 18:43, STARS: 0
Right, but it wasn’t illegal when these phones came out and is it technically illegal to fully use your phone in any other state than CA right now? I don’t believe so. So Apple should have no obligation to help people be safer or force them to follow the law seeing as that is their choice to do on any given day
"Svend" (svend)
01/18/2017 at 18:50, STARS: 0
I read the article.
My comment was aimed at all parties. Hence:
People these days are always blaming others for stuff that’s happened to them rather than the person who caused it .
The person who hit them should be getting sited, not the manufacturer of the phone.
"Rust and Dust - Oppositelock Forever" (rustanddust)
01/18/2017 at 18:52, STARS: 0
That comment was more directed towards the plaintiff being a nitwit than vehicular deaths falling under the umbrella of natural selection.
I wholeheartedly agree that texting while driving is a very stupid thing to do, but to sue Apple for not having a kill switch for drivers is ridiculous. Apple isn’t the only (smart)phone manufacturer, yet they’re being sued under the Unfair Competition Law in California. I don’t know of any other phone manufacturer that has such a system built in, it’s barely been two months since the NHTSA released a position statement suggesting a driver mode for smartphones. Even that suggestion was a voluntary, toggled mode (akin to airplane mode) that only allowed access to a handful of apps that were in a large font, low graphic interface (similar to Windows accessibility mode).
"DipodomysDeserti" (dipodomysdeserti)
01/18/2017 at 18:53, STARS: 0
You’d have to do away with modern medicine if you wish to see natural selection run its course.
"DipodomysDeserti" (dipodomysdeserti)
01/18/2017 at 19:02, STARS: 0
Who are you telling to take responsibility? The plaintiff for getting hit? They’re the one suing Apple. If someone hits you and you find out a product made by a billion dollar company may have contributed to the accident, then it makes sense to sue the company in order to recoup medical costs. Suing the guy who hit you won’t get you any money. That’s common sense.
"CaptDale - is secretly British" (captdale)
01/18/2017 at 19:07, STARS: 3
But it is the hitter’s fault, not the product’s or its manufacturer.
"DipodomysDeserti" (dipodomysdeserti)
01/18/2017 at 19:21, STARS: 0
That’s not how civil litigation works. It’s not an either or situation.
"shop-teacher" (shop-teacher)
01/18/2017 at 19:25, STARS: 1
Werd.
"Neil drives a beetle and a fancy beetle" (1500sand535)
01/18/2017 at 19:32, STARS: 0
Generally speaking liability doesn’t hinge on illegality. I can do something, comply with the law, be negligent/liable and owe someone else money.
The whole point of common law is to be flexible enough to find liability and order compensation when a set of principles has been undermined not necessarily when a black letter law has been broken.
If I invite a friend onto my property at night and I have a giant hole in the walkway and my friend steps in it and breaks his leg. I didn’t break the law but I could owe him money for being negligent.
"Nauraushaun" (nauraushaun12)
01/18/2017 at 19:53, STARS: 0
I agree, it’s ridiculous.
"Nauraushaun" (nauraushaun12)
01/18/2017 at 19:55, STARS: 0
But the problem is that the people in the driver’s seat of the car (ie. the culprit) are the most likely to survive a collision involving anyone else.
It’s the same as drink-driving. People will always do it.
"Tazio, Count Fouroff" (tazio0625)
01/18/2017 at 20:34, STARS: 1
Following that line of logic (which tbh actually kind of sounds as if the plaintiff is more seeking payout than simply seeking restitution) wouldn’t the injured party also be suing the manufacturer of the car that hit her/him? Or the manufacturer of the battery in the person’s car — no battery, no go, right (in normal vehicle operation)? Or the paving contractor who paved the road?
If the driver at fault has even basic insurance it should cover the injured party’s medical bills. If s/he didn’t have proper insurance, how is that Apple’s or Samsung’s fault any more than Ford’s or Toyota’s or Diehard’s or whichever gas station sold the lout who was texting her/his most recent fill-up? Or the hospital where the driver was delivered as an infant?
People make decisions, including decisions to put other people’s products to unintended use. The individual alone made the decision, though. Not the manufacturer of the product. Use the manufacturer because they function better as an ATM than the actual tortfeasor? That ulitmately hurts everyone.
"Tazio, Count Fouroff" (tazio0625)
01/18/2017 at 20:37, STARS: 0
The plaintiff has the power of decision how s/he uses the legal system. Just like the defendant has the power of decision how s/he uses the mobile device.
“Just because you can, doesn’t mean you should,” right?
"LOREM IPSUM" (lorem---ipsum)
01/18/2017 at 20:38, STARS: 0
Howabout they make the penalties for using a phone while driving similar to DWI penalties?
First offence: 90 day license suspension and a sizable fine.
Second offence: 1 year license suspension, 3 months in jail, and a sizable fine.
Third offence: Perminant license suspension, a year in the klink, and a uge fine.
Because think of the children!
"LOREM IPSUM" (lorem---ipsum)
01/18/2017 at 20:45, STARS: 1
Back in the day McDonald’s sold their coffee at temperatures which could have melted steel beams. So unreasonably hot.
"wiffleballtony" (wiffleballtony)
01/18/2017 at 20:52, STARS: 2
It’s absolutely their fault. If they didn’t come up with the iphone there’d only be blackberries. No one wanted one of those.
"DipodomysDeserti" (dipodomysdeserti)
01/18/2017 at 21:14, STARS: 0
I’m guessing you’ve never had unpaid medical bills or car repairs. Only an idiot would eat that sort of expense in order to save a billion dollar company money.
"DipodomysDeserti" (dipodomysdeserti)
01/18/2017 at 21:15, STARS: 0
It’s clear you have zero experience when it comes to civil litigation.
"Neil drives a beetle and a fancy beetle" (1500sand535)
01/18/2017 at 22:10, STARS: 0
There is a bill introduced in my state right now that would do just that. I think it’s a bit much but i also think “think of the children” jokes for are in bad taste when this whole article came about because a 5 year old died.
"LOREM IPSUM" (lorem---ipsum)
01/18/2017 at 22:13, STARS: 0
That’ll teach me for not clicking the facebook link before posting. Excuse my inadvertent poor taste and timing.
"cletus44 aka Clayton Seams" (cletus44)
01/18/2017 at 22:37, STARS: 1
Dat Corvette tho
"Tazio, Count Fouroff" (tazio0625)
01/18/2017 at 23:25, STARS: 0
You can bet I’m *not* suing someone or some corporation at best indirectly, if at all, responsible for an incident rather than or in addition to whomever is directly (read: actually) responsible. Against my principles.
Period.
If the responsible party can’t be responsible financially, personally I choose self-respect over legalized extortion.
FWIW a plaintiff once named me in a suit where someone else was wholly responsible, because of my being in the general environment where a breach occurred but with no involvement in the incident. Thank God the judge and even the plaintiff’s counsel agreed my name should be dropped. Inflict this on somebody else? Never.
"DipodomysDeserti" (dipodomysdeserti)
01/19/2017 at 05:56, STARS: 0
Expecting someone to make a decision based off your own sense of morality gained from personal experience is just as absurd as suing a party who has no ability to pay a judgement.
"Tazio, Count Fouroff" (tazio0625)
01/19/2017 at 08:29, STARS: 0
Yah, any lawsuit decisions flow from my morality, not determine it
Use the legal system to bully money out of some person/entity because I feel inconvenienced? Nope.
"Tazio, Count Fouroff" (tazio0625)
01/19/2017 at 08:41, STARS: 1
You are so right bruh
"DipodomysDeserti" (dipodomysdeserti)
01/19/2017 at 08:49, STARS: 0
You think an individual can bully a billion dollar multinational corporation? Right...
"CaptDale - is secretly British" (captdale)
01/19/2017 at 11:02, STARS: 0
Yeah, I really don’t want a Vert, but a ‘69 L88 I’d kill for
"CaptDale - is secretly British" (captdale)
01/19/2017 at 11:05, STARS: 0
But can I keep my Samsung? Cause fuck Blackberries
"CaptDale - is secretly British" (captdale)
01/19/2017 at 11:06, STARS: 1
Maybe that is why the tower fell. The terrorists had McD’s coffee
#consiricyfoundout
"wiffleballtony" (wiffleballtony)
01/19/2017 at 12:53, STARS: 0
Yes, but you can’t “swipe” on it because Apple claims they invented the act of swiping.
"CaptDale - is secretly British" (captdale)
01/19/2017 at 13:32, STARS: 0
That is fine with me. I love my S7 Edge (I really and a new note.... but that didn’t work out) and its amazing fingerprint thingy. better than any swipe.