This is a weird 2 (stories)-in-1 blog post. It was supposed to be a fiery post but somewhere along the process, the story took a 180 degree turn and ends with a humorous twist. As weird as it sound, i felt as though i was toyed by own emotions and have to bite back all the mixed feelings. Anyway, read on and you will get what i mean.
I was attending this particular training on Export Requirements and CE Marking (of Medical device) organized by this GLC. Well, it was an all paid for kinda training, conducted at some fancy hotel in the middle of hustle bustle of KL city, plus there was free buffet lunch, and morning tea, and evening high tea, so why not...
Well, its a dry and boring topic and i was battling myself to stay awake until the speaker touched on this particular topic on product liability in CE marking. In EU directory on Product liability, it stated that for for all exported goods, any "damages" caused by defective goods may leads to possible lawsuit. In which for those mortality injuries related case, the compensation is not lower than a whopping 70 millions!
One thing which i need to clarify before continue this is that in Quality Assurance terminology, "defect" does not necessarily means faulty, but considered as 'not safe' as the general public is entitled to expect (from the user instruction, labeling etc.)
The speaker quoting this supposedly well known lawsuit which happens in the states to strengthen his case on the product liability subject. An old lady trying to dry her poodle after a bath, she was in a hurry hence she put the poodle into a microwave (thinking that technology do wonders).
Well, its a dry and boring topic and i was battling myself to stay awake until the speaker touched on this particular topic on product liability in CE marking. In EU directory on Product liability, it stated that for for all exported goods, any "damages" caused by defective goods may leads to possible lawsuit. In which for those mortality injuries related case, the compensation is not lower than a whopping 70 millions!
One thing which i need to clarify before continue this is that in Quality Assurance terminology, "defect" does not necessarily means faulty, but considered as 'not safe' as the general public is entitled to expect (from the user instruction, labeling etc.)
The speaker quoting this supposedly well known lawsuit which happens in the states to strengthen his case on the product liability subject. An old lady trying to dry her poodle after a bath, she was in a hurry hence she put the poodle into a microwave (thinking that technology do wonders).
The poor thing was poodle no more.
The end.... not quite yet, the traumatized lady went to sue the microwave manufacturer for not putting up "do not microwave your pets" in the user instruction, and won millions.
The end.... not quite yet, the traumatized lady went to sue the microwave manufacturer for not putting up "do not microwave your pets" in the user instruction, and won millions.
Everyone was laughing at the story, except me.... in fact i was furious.
Do you think the woman was justified to receive the compensation due to "inadequate user instruction" of the microwave? Hell NO! Because its a sheer stupidity! How can a person be compensated for her own stupidity? Its even more stupid for the jury to allow the lady to take advantages of the loophole in the legislation framework. In my definition, for such cases, stupidity IS a crime. The owner should not only be punished because of her animal abuse act, but also on her attempt to beat the system and make a quick buck out of it.
Another classic examples was discussed: Cigarette smoker and Lung cancer.
Do you think the woman was justified to receive the compensation due to "inadequate user instruction" of the microwave? Hell NO! Because its a sheer stupidity! How can a person be compensated for her own stupidity? Its even more stupid for the jury to allow the lady to take advantages of the loophole in the legislation framework. In my definition, for such cases, stupidity IS a crime. The owner should not only be punished because of her animal abuse act, but also on her attempt to beat the system and make a quick buck out of it.
Another classic examples was discussed: Cigarette smoker and Lung cancer.
It was a clear cut causal relationship between the lung cancer and cigarette smoking. But how on earth there was no lung cancer patient ever successfully sued Dunhill or Marlboro in human history?
The answer is because the smoker never use the same brand of cigarettes throughout their smoking history. In order to sue the manufacturer, the injured person must prove the the causal relationship between the damage and the defect of that specific (brand of the) product. In another words, using the particular brand of cigarette leads to lung cancer.
Again, another example of sheer stupidity! The cigarette companies just maneuver themselves through the system's loopholes and get away with no sweat at all. Whether its to the consumer or to the businessman's advantage, the fact that people can manipulate the truth and fool the legislation system to their whim and fancy is simply stupid.
Example 3, another lady won $2.9 million against McDonald's for spilling a cup of coffee on herself while driving, the accuse was the hot coffee was not labeled as hot.
The answer is because the smoker never use the same brand of cigarettes throughout their smoking history. In order to sue the manufacturer, the injured person must prove the the causal relationship between the damage and the defect of that specific (brand of the) product. In another words, using the particular brand of cigarette leads to lung cancer.
Again, another example of sheer stupidity! The cigarette companies just maneuver themselves through the system's loopholes and get away with no sweat at all. Whether its to the consumer or to the businessman's advantage, the fact that people can manipulate the truth and fool the legislation system to their whim and fancy is simply stupid.
Example 3, another lady won $2.9 million against McDonald's for spilling a cup of coffee on herself while driving, the accuse was the hot coffee was not labeled as hot.
Do i need to repeat THE word again?
.......
Ok, here come the twist.
I'm still in rage as i spill out the boiling emotions in me words by words ...... until i googled "poodle in microwave". It was like a sudden cold shower treatment and i dont know whether to swear or to laugh.
Poodle in the microwave story is an URBAN LEGEND , a.k.a. an apocryphal, wild exaggerations or a simple hoax which made to believe or plausible enough to be believed.
Mr. Google continue to enlighten me that these stories which purport to be geniune legal cases, are phoney lawsuit labelled as stories of Stella Award. The Stella came after a genuine litigant, Stella Lieback which really did sue McDonals's over the coffee spillage, BUT, the truth and nothing but the truth was she didnt win the 2.9 millions and she was severly (third degree) burnt.
Hence, the system wasnt that stupid after all. In fact, the Association of Trial Lawyers of America (ATLA) is upset about the misinformation which undermine the people confidence in the legal system and litigation.
So, i was angry and bewildered with all these excessive emotions, for absolutely nothing. The morale of the story:
One, ALWAYS Read the fine print of user instruction in product packaging
And Two, ..... never believe what Quality Assurance Consultant tells you, although he (self) claimed that he has 20 years field experience.
Ok, here come the twist.
I'm still in rage as i spill out the boiling emotions in me words by words ...... until i googled "poodle in microwave". It was like a sudden cold shower treatment and i dont know whether to swear or to laugh.
Poodle in the microwave story is an URBAN LEGEND , a.k.a. an apocryphal, wild exaggerations or a simple hoax which made to believe or plausible enough to be believed.
They even have a photo for it, there goes my photoshoped image
Mr. Google continue to enlighten me that these stories which purport to be geniune legal cases, are phoney lawsuit labelled as stories of Stella Award. The Stella came after a genuine litigant, Stella Lieback which really did sue McDonals's over the coffee spillage, BUT, the truth and nothing but the truth was she didnt win the 2.9 millions and she was severly (third degree) burnt.
Hence, the system wasnt that stupid after all. In fact, the Association of Trial Lawyers of America (ATLA) is upset about the misinformation which undermine the people confidence in the legal system and litigation.
So, i was angry and bewildered with all these excessive emotions, for absolutely nothing. The morale of the story:
One, ALWAYS Read the fine print of user instruction in product packaging
And Two, ..... never believe what Quality Assurance Consultant tells you, although he (self) claimed that he has 20 years field experience.
9 comments:
hahhaa, before finishing your post i was just about to tell you that the poodle in microwave is urban legend. In australia, when you cannot sleep at night, the late night broadcast have a programme called urban myths, and they also feature this poodle story. the coffee thing Sienfield adapted it in one of his episode where Kramer got burnt by hot coffee and sue the coffee company, of course, he won! hahha.
by the way, dun you have the same feeling when you grow up and read the bible yourself then you discover a lot of the story that your sunday school teacher told you were not as stated in the bible?
ahhh....now u make me think of other urban legends..hmm...let's see....:)
another one, if you jump after a meal you'll get appendicitis!! You cannot imagine my embarassment when my professor in uni ask what causes appendicitis and i raise my hand to answer it!! Damn it mum!
@Dorcas: i thought thats supposed to be the reason for appendicitis. hahahha....
@Manglish: you should what to do now, write! and entertain me please.
food stays in our stomach for 3 hours so we won't get appendix for jumping after a meal. but that was real funny :)i guess the real reason was because mum is scared we might get a reflux and throw up all over her marble flooring!
smokers should know the risk so i don understand why they go round suing tobacco companies when they themselves cause harm to themselves... if they don wanna die,don't smoke. and if they get lung cancer, don blame others but themselves
still trying to remember wat urban legends i have heard b4 hahahha....
Your blog keeps getting better and better! Your older articles are not as good as newer ones you have a lot more creativity and originality now keep it up!
[url=http://www.ile-maurice.com/forum/members/wetter-vorhersage.html][b]deutsches wetter[/b][/url]
[url=http://www.ile-maurice.com/forum/members/wetter-vorhersage.html][b]wetter vorschau[b][/url]
Post a Comment