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Example of "The Sue Culture": Suing bars after fatal DUIs

LOL....I suffered yesterday on another thread.....help! But seriously, I agree with the OP... it is ridiculous to hold a bar accountable unless you can PROVE that the bar deliberately encouraged the person to drink way too much or funneled it down their throat against their consent. But what about this case.... The 18-year-old girl that was using snapchat and their speed recording feature. If you are not familiar with the story, click here: http://www.jgllaw.com/blog/potential-liability-snapchat-distracting-drivers-involved-auto-accidents

Snapchat is also being sued in this case because she allegedly was using the speed feature to capture a screen shot of her driving 107 mph so she would post it on social media. She ended up crashing her Mercedes that she had 2 or 3 friends in with her, into another car, leaving that person with severe brain damage. Not only did she allegedly do this but once they loaded her onto the stretcher and put her in the ambulance, she took a selfie and posted THAT online! Obviously, she has some narcissism in her but what about holding Snapchat liable too? I am kind of in favor of actually suing them as well because they should know that if they have a feature like that available to young people, they will do something stupid like this and someone will get hurt badly or die.

Here's princesses selfie:
christal-mcgee-lucky-to-be-alive-snapchat-179x300.jpg
 
LOL....I suffered yesterday on another thread.....help! But seriously, I agree with the OP... it is ridiculous to hold a bar accountable unless you can PROVE that the bar deliberately encouraged the person to drink way too much or funneled it down their throat against their consent. But what about this case.... The 18-year-old girl that was using snapchat and their speed recording feature. If you are not familiar with the story, click here: http://www.jgllaw.com/blog/potential-liability-snapchat-distracting-drivers-involved-auto-accidents

Snapchat is also being sued in this case because she allegedly was using the speed feature to capture a screen shot of her driving 107 mph so she would post it on social media. She ended up crashing her Mercedes that she had 2 or 3 friends in with her, into another car, leaving that person with severe brain damage. Not only did she allegedly do this but once they loaded her onto the stretcher and put her in the ambulance, she took a selfie and posted THAT online! Obviously, she has some narcissism in her but what about holding Snapchat liable too? I am kind of in favor of actually suing them as well because they should know that if they have a feature like that available to young people, they will do something stupid like this and someone will get hurt badly or die.

Here's princesses selfie:
christal-mcgee-lucky-to-be-alive-snapchat-179x300.jpg
I would suggest that once snapchat gets sued they should settle. A decent lawyer could win that case if it went to a jury. It's hard to say they couldn't foresee a risk of a high speed accident happening when the whole point of the feature was to see how fast you can go.
 
LOL....I suffered yesterday on another thread.....help! But seriously, I agree with the OP... it is ridiculous to hold a bar accountable unless you can PROVE that the bar deliberately encouraged the person to drink way too much or funneled it down their throat against their consent. But what about this case.... The 18-year-old girl that was using snapchat and their speed recording feature. If you are not familiar with the story, click here: http://www.jgllaw.com/blog/potential-liability-snapchat-distracting-drivers-involved-auto-accidents

Snapchat is also being sued in this case because she allegedly was using the speed feature to capture a screen shot of her driving 107 mph so she would post it on social media. She ended up crashing her Mercedes that she had 2 or 3 friends in with her, into another car, leaving that person with severe brain damage. Not only did she allegedly do this but once they loaded her onto the stretcher and put her in the ambulance, she took a selfie and posted THAT online! Obviously, she has some narcissism in her but what about holding Snapchat liable too? I am kind of in favor of actually suing them as well because they should know that if they have a feature like that available to young people, they will do something stupid like this and someone will get hurt badly or die.

Here's princesses selfie:
I would suggest that once snapchat gets sued they should settle. A decent lawyer could win that case if it went to a jury. It's hard to say they couldn't foresee a risk of a high speed accident happening when the whole point of the feature was to see how fast you can go.
NO, Snapchat shouldn't be held liable but.......Okay, reluctantly I agree with @tarheel0910 that they'd lose the case because of this specific filter, but I STILL don't like it. Where is personal accountability?? Hello, did Snapchat hold a gun to that girl's head and make her use snapchat while driving at that speed? Nope. She could have easily passed the phone to her non-driving friends (shocking concept I know!) and had them take the snapchat. Or......she could've just not done it. There's plenty of cool uses for that speed feature that aren't life-threatening or even really that dangerous. You could use it while running, riding a horse, gokarting on your land, etc.

Again, yes, in this one specific instance I could see Snapchat being negligent, but like I said, I still hate it. Personal accountability is dead. That is 2016 America. If you do something wrong, it isn't your fault. If you shoot up a school, it's gun control's fault. If you drive drunk and kill someone, it's the bar's fault. If you rape someone(s), it's porn/"too much sex on TV" society's fault, et al. It's pathetic.
 
I would suggest that once snapchat gets sued they should settle. A decent lawyer could win that case if it went to a jury. It's hard to say they couldn't foresee a risk of a high speed accident happening when the whole point of the feature was to see how fast you can go.
I might be in the minority here, but I don't think snapchat should hold any liability whatsoever. I could easily argue that the feature was meant to be used on planes, or only by passengers in cars, motorcycles, or boats. The bottom line is that nobody, absolutely nobody, makes your dumb ass use your cell phone while operating what is essentially a deadly weapon. That is a personal choice and if you lack the common sense and self-control to avoid dangerous situations, it's entirely on you. Personally, I'd love to see all drivers banned from cell phone use but a) it'll never happen and b) it's unenforceable.
 
I might be in the minority here, but I don't think snapchat should hold any liability whatsoever. I could easily argue that the feature was meant to be used on planes, or only by passengers in cars, motorcycles, or boats. The bottom line is that nobody, absolutely nobody, makes your dumb ass use your cell phone while operating what is essentially a deadly weapon. That is a personal choice and if you lack the common sense and self-control to avoid dangerous situations, it's entirely on you. Personally, I'd love to see all drivers banned from cell phone use but a) it'll never happen and b) it's unenforceable.
Thank you. I think suing cases and immigration reform are the two things we agree on most. Lots of other stuff........meh ;)
 
I might be in the minority here, but I don't think snapchat should hold any liability whatsoever. I could easily argue that the feature was meant to be used on planes, or only by passengers in cars, motorcycles, or boats. The bottom line is that nobody, absolutely nobody, makes your dumb ass use your cell phone while operating what is essentially a deadly weapon. That is a personal choice and if you lack the common sense and self-control to avoid dangerous situations, it's entirely on you. Personally, I'd love to see all drivers banned from cell phone use but a) it'll never happen and b) it's unenforceable.

Here's the problem in today's society, borne out of the fact that so many of these silly cases inexplicably go in favor of the plaintiff, as RH pointed out in post # 8 in this thread. I agree with RH's logic above 100% and I'm willing to bet a large percentage of rational Americans do as well, including lawyers who represent plaintiffs in these cases. However, here's the problem. Because so many folks have won money in cases where logic and common sense dictated they should have had no case at all, .........

I would suggest that once snapchat gets sued they should settle. A decent lawyer could win that case if it went to a jury. It's hard to say they couldn't foresee a risk of a high speed accident happening when the whole point of the feature was to see how fast you can go.

....that this logic from @tarheel0910 has become the new norm!!! Defendants in these cases know damn well they aren't at fault, but they have zero trust in a civil judge siding with them and fear said judges wiping them clean for a massive 7-figure price tag, that they end up settling for a still ridiculous amount of money (be it $5 or $15 million) because they see it as better than losing in court and owing hundreds of millions of dollars. The new approach has become two-pronged:

1. Warn the shit out of the consumer that every minute, trivial, idiotic thing they could do with our product could injure or kill them or those around them.
2. If we get sued, don't be brave and fight it because we could lose. Settle, settle, settle.

It's a broken system.
 
I might be in the minority here, but I don't think snapchat should hold any liability whatsoever. I could easily argue that the feature was meant to be used on planes, or only by passengers in cars, motorcycles, or boats. The bottom line is that nobody, absolutely nobody, makes your dumb ass use your cell phone while operating what is essentially a deadly weapon. That is a personal choice and if you lack the common sense and self-control to avoid dangerous situations, it's entirely on you. Personally, I'd love to see all drivers banned from cell phone use but a) it'll never happen and b) it's unenforceable.
I'm not saying they should be held liable, but you don't want this case to be decided by the average parent. Corporations always fight with a disadvantage because they are the "big mean people who only care about money." They aren't as relatable as the guy who was hit by the car and is now brain damaged. On a related note, how did this filter ever get approved? It's obvious your target audience is going to use it inappropriately. Why open yourself up to potential litigation for a filter that seems kind of stupid?
 
By the way, throw in all the cases from our former dumb*** "student"-athletes from the early '00s who are attempting to sue Carolina for not "giving them access" to a good education. Oh I'm sorry, were you physically barred from walking into the science labs? Were you disallowed entrance to Caroll Hall for marketing / journalism / or AV major courses? Hmmm, no? Yes, I'm going ChapelHeeled in this thread with all of my formatting. Point is.... NOPE, you weren't denied the ability to pick from any of the litany of Carolina's majors that would've been 1) not too difficult and 2) worthwhile to major in. Instead, you picked the easiest courses (which, admittedly were beneath the rigor of UNC) just to stay eligible because you didn't care about your education.

You cannot go back now and cry victim. Sorry.
 
Those were all good points. I usually believe in holding the idiot accountable but was curious about this one in particular because of the speed check feature they offered and thought that is just crazy, it's like dangling a carrot so to speak.

I do know that people sue the crap out of hospitals and doctors all the time for the dumbest things and that is one of the reasons medical costs are high but there are other factors as well. Granted there are PLENTY of things they SHOULD be sued over, I've seen some crazy stuff happen and actually was involved indirectly in a case years ago that was insane and really could have been avoided easily.... long, crazy story! But we also had the patients who would attempt to fake passing out but as soon as I'd slide that ammonia stick under the nostril and they would flinch but "not wake up" I'd know! LOL.... dummies! This world has just gone crazy I think! goodness!
 
I'm not saying they should be held liable, but you don't want this case to be decided by the average parent. Corporations always fight with a disadvantage because they are the "big mean people who only care about money." They aren't as relatable as the guy who was hit by the car and is now brain damaged. On a related note, how did this filter ever get approved? It's obvious your target audience is going to use it inappropriately. Why open yourself up to potential litigation for a filter that seems kind of stupid?
There is so much to dissect in this post that hits on the essence of why I started this thread. Let me take it piece by piece.

"I'm not saying they should be held liable, but you don't want this case to be decided by the average parent." <--- Example #1 of how the system is broken. We're letting emotion trump logic in these cases. No one can think logically about this shit anymore. Which leads to...

"Corporations always fight with a disadvantage because they are the "big mean people who only care about money." They aren't as relatable as the guy who was hit by the car and is now brain damaged." <-- Example #2 of how the system is FUBAR. Why the hell should the big corporation be punished just because they have a lot of money relative to the plaintiff? This is new-wave liberal groupthink at work, through lawsuits. Don't talk to me about 'well Snapchat has a lot of money. Surely they can spare $10 million for this poor man!' Uhm, why would they do that? It ain't their damn fault that some idiot girl crashed her car. Maybe the afflicted should sue the girl -- you know, the actual one who hurt him -- and sue her friends for negligence for not stopping her.

"On a related note, how did this filter ever get approved? It's obvious your target audience is going to use it inappropriately. Why open yourself up to potential litigation for a filter that seems kind of stupid?" <---And here's the kicker. We've been conditioned to think in this preemptive fashion about new products because of the ever-present threat of lawsuit. It's gotten to the point where the threat of lawsuit is starting to hamper the creative market process! That is so ****ed up. There are plenty of cool, safe things you could do with the speed filter. Airplane, sprinting, GoPro, high dive (with Lifeproof case lol), etc, etc, etc. But instead, we buy take-the-blame-off-the-individual logic like "Well.....that does kinda encourage people to do unsafe stuff." No, no it doesn't. People DECIDE ON THEIR OWN FREE WILL to do dumb stuff. Then they **** up and hurt people or themselves, and the afflicted look to sue some corporation. This is a serious, serious problem in America that no one is talking about. It's like political correctness. There's no end to it, seemingly.
 
"I'm not saying they should be held liable, but you don't want this case to be decided by the average parent." <--- Example #1 of how the system is broken. We're letting emotion trump logic in these cases. No one can think logically about this shit anymore. Which leads to...

"Corporations always fight with a disadvantage because they are the "big mean people who only care about money." They aren't as relatable as the guy who was hit by the car and is now brain damaged." <-- Example #2 of how the system is FUBAR. Why the hell should the big corporation be punished just because they have a lot of money relative to the plaintiff? This is new-wave liberal groupthink at work, through lawsuits. Don't talk to me about 'well Snapchat has a lot of money. Surely they can spare $10 million for this poor man!' Uhm, why would they do that? It ain't their damn fault that some idiot girl crashed her car. Maybe the afflicted should sue the girl -- you know, the actual one who hurt him -- and sue her friends for negligence for not stopping her.
That's not really the system, that's just the human condition. It's built into most people's DNA to feel sorry for the victim and make sure they get justice. You are never going to be able to change that. Is the girl the real bad guy here? Absolutely, but she won't be the one on trial in a lawsuit against snapchat.

It's gotten to the point where the threat of lawsuit is starting to hamper the creative market process! That is so ****ed up. There are plenty of cool, safe things you could do with the speed filter. Airplane, sprinting, GoPro, high dive (with Lifeproof case lol), etc, etc, etc. But instead, we buy take-the-blame-off-the-individual logic like "Well.....that does kinda encourage people to do unsafe stuff."
I'm not sure if it goes so far as hampering creativity, but I do think it increases the costs of doing business. You need to have all kinds of lawyers and risk people in today's world to deal with everything you do as a company, both internal and external. Those people aren't cheap.
 
By the way, throw in all the cases from our former dumb*** "student"-athletes from the early '00s who are attempting to sue Carolina for not "giving them access" to a good education. Oh I'm sorry, were you physically barred from walking into the science labs? Were you disallowed entrance to Caroll Hall for marketing / journalism / or AV major courses? Hmmm, no? Yes, I'm going ChapelHeeled in this thread with all of my formatting. Point is.... NOPE, you weren't denied the ability to pick from any of the litany of Carolina's majors that would've been 1) not too difficult and 2) worthwhile to major in. Instead, you picked the easiest courses (which, admittedly were beneath the rigor of UNC) just to stay eligible because you didn't care about your education.

You cannot go back now and cry victim. Sorry.
I might take a slight bit of exception here. It seems fairly well documented that some SAs were prevented from taking certain classes because the class schedule interfered with their practice/workout/travel schedule. So instead they were encouraged to enroll in a different course. The prevalence of this situation has probably decreased with the advent of online classes, but I can recognize the legitimacy of some of these gripes.

However, I'm not sure how much merit there is to the claims that these conflicts prevented someone from pursuing their desired major. And in the case of Michael McAdoo, UNC didn't even offer the major he wanted (criminal justice), so that's on him and his parents for not doing their homework. Last but not least, none of the above hindered anyone's access to a quality education.
 
It's definitely He's Not being that was sued- one of my best friends brother is the owner.

They were sued for providing underage patron, but the kid had a real, official NCDMV license with his picture on it showing he was 21.

Also, people get talked into suing because it is framed as going after the insurance company.
 
It's definitely He's Not being that was sued- one of my best friends brother is the owner.

They were sued for providing underage patron, but the kid had a real, official NCDMV license with his picture on it showing he was 21.

Also, people get talked into suing because it is framed as going after the insurance company.
I'll spare you my "I hate when people abbreviate place names" rant because I've been meaning to look up information on this case. How's that going? Is He's Not Here going to be able to stay open?
 
Also, here's another truth. 100% of plaintiffs lawyers give money to Democrats and vote straight Democrat. So understand when you are voting Democrat, you are giving support to this system and opposing any sort of Tort reform.



(Ok maybe not 100%. That part was a joke, Mr You Know Who. But it is a vast majority)
 
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Can you elaborate on this?

Sure. Get a "neck injury" in a fender bender? Call Dewey, Cheatham and Howe and we will take care of it- we know how to fight the insurance company

Look at all the ads on TV for personal injury, work comp, medical malpractice. Almost every malpractice attorney tells a potential client- "we aren't suing your doctor- we are suing the insurance company" because most people like their doctor, but everyone hates insurance companies.
 
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I've sued someone one time. Belks dept stores. In sc In the 90's i bounced a check to them when a client bounced a check to me. I contacted them, went to their admin office and paid the check and the fee. I stick the receipt and cxld check in my wallet. Some three years later i get pulled cause my tag was obstructed and the cop tells me i have an outstanding warrat for arrest. Wont tell who or why. Just cuffs me and puts me in the back seat and takes me downtown for processing. I get printed and thrown in the drunk tank and still have no idea what for. I have to spend the night cause it was a sun and the next morn i see a judge at the jail. He tells me its for a bounced check t belks! (In sc at that time they jailed u for failure to pay bad checks) Well in prob the greatest stroke of luck in my entire life i still have the receipt and cxld check in my wallet. The judge looks at it then says "son i cant give legal advice but if i were u i would talk to a lawyer about this" and let me go. I get a lawyer, sue belks for 30k, win, (having to spend the night in jail really worked in my favor) and keep about 15 k after lawyer fees. So i dont go to belks.
 
I've sued someone one time. Belks dept stores. In sc In the 90's i bounced a check to them when a client bounced a check to me. I contacted them, went to their admin office and paid the check and the fee. I stick the receipt and cxld check in my wallet. Some three years later i get pulled cause my tag was obstructed and the cop tells me i have an outstanding warrat for arrest. Wont tell who or why. Just cuffs me and puts me in the back seat and takes me downtown for processing. I get printed and thrown in the drunk tank and still have no idea what for. I have to spend the night cause it was a sun and the next morn i see a judge at the jail. He tells me its for a bounced check t belks! (In sc at that time they jailed u for failure to pay bad checks) Well in prob the greatest stroke of luck in my entire life i still have the receipt and cxld check in my wallet. The judge looks at it then says "son i cant give legal advice but if i were u i would talk to a lawyer about this" and let me go. I get a lawyer, sue belks for 30k, win, (having to spend the night in jail really worked in my favor) and keep about 15 k after lawyer fees. So i dont go to belks.
1. See, THIS is why the concept of suing exists! Exactly for cases like this. You were caused harm directly by a corporation's failure to properly keep record. Cases like yours are why people should sue, not the wacky crap for which people usually sue.

2. Belk still has awesome clothes, so I'm gonna keep shopping there :)
 
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Sorry. I should have typed out North Carolina Department of Motor Vehicles.
I should've clarified. I meant I hate when people shorten or slang up the title of a bar, restaurant, or section of town. I despise how people call La Residencia (sp) La Rez. I despise He's Not (is it gonna kill you to throw in the "Here?") I hate all the NoDA and SoDA and NoMoAuchie and NoSDa and shit that is popping up everywhere. It's all lame and makes everyone sound like children.

Damn, I got a lot of anger in me.

ETA: Thought of another one of those abbreviations I saw recently that pissed me off. SNoB (Slightly North of Broad) in Charleston. Die.
 
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Question, extrapolating this logic, shouldn't the phone manufacturer also be sued.....? After all, they DID invent a phone that can be used while operating a vehicle. Surely they bear some blame too in all of this.

Further extrapolating, the car manufacturer could be sued as well. They made a car capable of going 107mph when they know the highest speed limit in the country is 75 (or 65 or whatever it is). I wonder if there will be a push in the future to put restrictors on regular cars to prevent them from being able to go over 75mph.
 
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