the craziest lawsuit

[Steve R.]

One, unfortunate, growing trend is the assertion that you have the "right" to force someone else to do something because you feel "infringed". I'm coming from the land-use planning angle. More specifically, in California, there are many rich entitled people who believe that they can force neighbors to cut trees to protect their view. Or to phrase this a bit differently, if trees on property "A" grow and deprive the owner of property "B" his or her view of the ocean that the owner of property "B" believes they are entitled to, that the owner of property "A" must then trim those trees to protect the view-shed of property "B". (We left California nearly 20 years ago so my comments could be dated.)

As an aside what about the situation where the trees on property "A" add the value of property "A". One would think that the owner of property "B" can't force the owner of property "A" to de-value his or her property?

IT PAYS TO KNOW: California Tree Law - Rafu Shimpo

You might think that you have the right to cut branches and roots that encroach upon your property. Not so. California tree law...

rafu.com

Another similar entitlement issue, consider the situation where neighbor "A" does not maintain their property. Neighbor "B" then sues neighbor "A" to demand that property "A" be fixed-up because in its state of disrepair it is lowering the value of property "B".

One humorous case, a woman complained that the children in a public beach park were making too much noise. She asserted that because she paid a lot of money for a house on the beach, that she was entitled to demand that the children be "controlled". A nuance in this case, is that a private property owner asserts that they have jurisdiction over public land.

The permutation of the number of crazy lawsuits were entitled people believe they can force another party to act for their benefit is endless.

 

[conception_native_0123]

kevlray's DVD is probably bobbing off the coast of California in a container ship with the rest of the chinese "stuff" everyone else is waiting for.

yeah. we need to pay those guys more. that's what I hear.

 

[Steve R.]

yeah. we need to pay those guys more. that's what I hear.

Buttigieg, the US Secretary of Transportation, said that the logistic problems could be solved after Biden's trillion $$$$$ packages are passed.
I guess the wheels need to be "greased" first before anything gets done.

 

[conception_native_0123]

the logistic problems could be solved after Biden's trillion $$$$$ packages are passed

yeah, what BS.

 

[The_Doc_Man]

The shipping is actually a bit of fallout from COVID-19, believe it or not. Because of the lockdowns and isolation of folks trying to not get sick, people started ordering more through the shipping services from various online vendors - whose business grew as more people went into isolation - and who therefore needed to ship more packages to keep up with business demands - which increased the load on the long-haul carriers such that they needed more people to handle the long-haul stuff. Switching long-haul folks from single rigs to double rigs doesn't work because the double rig drivers need special commercial licenses with that endorsement and not everyone has that.

So... blame COVID-19 for the logistics problems.

 

[conception_native_0123]

The permutation of the number of crazy lawsuits were entitled people believe they can force another party to act for their benefit is endless.

I have to refute that. i'm seriously doubting it.

 

[Steve R.]

The shipping is actually a bit of fallout from COVID-19, believe it or not. Because of the lockdowns and isolation of folks trying to not get sick, people started ordering more through the shipping services from various online vendors - whose business grew as more people went into isolation - and who therefore needed to ship more packages to keep up with business demands - which increased the load on the long-haul carriers such that they needed more people to handle the long-haul stuff. Switching long-haul folks from single rigs to double rigs doesn't work because the double rig drivers need special commercial licenses with that endorsement and not everyone has that.

So... blame COVID-19 for the logistics problems.

Correct, but these issues are a lot more complicated and intertwined.
1. Many industries are firing people if the employees don't get the Covid vaccine. That may be reducing the number of drivers who would otherwise be available. Then there were the unemployment benefits that made it more economical to stay home than to work. The labor participation rate sill appears to be in decline.
2. Some have posted that California environmental laws preclude certain trucks (older than 3 years??) from entering the ports. Of course the validity of that post is unknown.
3. One person posted that the crane operators were not working full time to offload the ships. Again the validity of that post is unknown.
4. Evidently California has a law that restricts independent contractors, such as Uber drivers. This could have an effect on the availability of truck drivers. Then there is a question of unions, as in non-union works would be prohibited from working.
5. Surprisingly, I have not heard of a discussion concerning the regulatory waivers that could be granted to speed-up the unloading of ships, such as allowing independent truck owners and non-union truckers.. There has been a suggestion to allow increased working hours.

PS: Time to add the tin-foil conspiracy angle by linking seemingly independent events into a "theory". (@AccessBlaster

)
1. The Biden administration is encouraging the massive influx of illegal aliens to "transform" the US and effectively refusing to take action to solve this illegal breaking of US immigration law.
2. The Biden administration is re-weaponizing various federal agencies. For example, parents speaking a local school boards are considered terrorists, but BLM/Antifa "insurrectionists" are not being arrested for their criminal activities. Selective enforcement of the law for political gain.
3. Buttigieg, the U.S. Secretary of Transportation, claimed the port logistical problems could not be solved until Biden's massive infrastructure bill is passed. That implies that the US Department of Transportation is being weaponized for political gain to force Congress to pass Biden's infrastructure bill. Until that is accomplished, nothing will be proposed by Buttigieg to alleviate the logistical nightmare we are experiencing.
4. An ulterior motive may be force the unionization of the those driving trucks. The proposed infrastructure bill evidently has "incentives" to promote unionization of the workforce. I'm returning to this post, as Biden currently speaking and he keeps referencing that his economic proposals will create "good paying union jobs".

 

[Mike Krailo]

Ordered a top of the line lift chair for my father about two months ago and the latest word is the warehouse is waiting on parts to finish the assembly. So now we're looking at December for delivery. He's having a heck of a time getting in and out of any chair. This whole situation is insane.

 

[AccessBlaster]

Elections have consequences there's nothing to do now but sit back and enjoy the show.

 

[Galaxiom]

But who would put a cup of hot coffee that isn't sealed, between their legs while driving???

She didn't. The car in which she was a passenger was parked and she was about to add cream and sugar. She held the cup between her legs as she removed the lid, no doubt having applied some pressure to the sides of the cup which then erupted as the lid was removed. She tried to have McDonalds pay her $10K medical expenses but they offered her $800. It escalated and it ended up costing McDonalds a lot more.

Interestingly, McDonalds didn't subsequently lower the serving temperature of their coffee at all but they did change to a more rigid cup.

 

[Steve R.]

I have to refute that. i'm seriously doubting it.

Not very imaginative then.

 

[mjdemaris]

kevlray's DVD is probably bobbing off the coast of California in a container ship with the rest of the chinese "stuff" everyone else is waiting for.

And everything else from Europe! We have been waiting on a cushioned chair as part of our new furniture set...ordered back in March. I got a call in July that said everything was here so we scheduled delivery and tossed out the old furniture. Now we are missing our comfy recliner, who knows when that will come in!

 

[AccessBlaster]

And everything else from Europe! We have been waiting on a cushioned chair as part of our new furniture set...ordered back in March. I got a call in July that said everything was here so we scheduled delivery and tossed out the old furniture. Now we are missing our comfy recliner, who knows when that will come in!

Not enough people care yet

 

[Isaac]

There are a lot of silly lawsuits from plaintiffs that feel everyone and their brother ought to be their babysitter.

But I think the category that bothers me in the most serious way is criminals exploiting the liability of homeowners - and that type of thing.

 

[conception_native_0123]

criminals exploiting the liability of homeowners - and that type of thing.

like the thief who fell off the roof of the homeowner, sued, and got the money? yeah, I remember that. or maybe there was more than one instance of that...

 

[kevlray]

kev,

this was trending on google search the other day: https://www.dailydot.com/debug/woman-exits-amazon-truck-tiktok/

i think the meaning of the title is to say that people are engaging in other things besides delivering packages. maybe that's the reason for your empty envelope?

So an update. We got the movie were expecting, sorta. It was supposed to be a two DVD collection. There was only one DVD in the case. Amazon is refunding my money. Getting the movie from another source. The movie was just released at the end of October.

 

[conception_native_0123]

Amazon is refunding my money.

the driver of that amazon van was fired, as I read. LOL. figures.

 

[Isaac]

Elections have consequences there's nothing to do now but sit back and enjoy the show.

Well said.

 

[Isaac]

She didn't. The car in which she was a passenger was parked and she was about to add cream and sugar. She held the cup between her legs as she removed the lid, no doubt having applied some pressure to the sides of the cup which then erupted as the lid was removed. She tried to have McDonalds pay her $10K medical expenses but they offered her $800. It escalated and it ended up costing McDonalds a lot more.

Interestingly, McDonalds didn't subsequently lower the serving temperature of their coffee at all but they did change to a more rigid cup.

"duty, breach, causation, damages". society's expectations evolve over time (i don't know about you, but in the USA, generally, it moves toward more and more duties of all kinds). those expectations provide fuel for what might be considered the "duty".

i'll admit, it's interesting to read that back story to add more context to it. sounds like mcdonalds failed to properly estimate the sentiment of the public, who became the jury.

but still a lot of things don't seem to make a lot of sense. people have served extremely hot coffee for, i believe, a really long time. mcdonalds wasn't the first, and won't be the last, and whenever i get coffee in the present day at quik trip, it still comes out scalding hot. frankly, i always dump some ice in it.

as far as people having a "problem" with this lawsuit, I don't think the facts of the story change it very much, for me anyway.

Coffee is served hot - everywhere. Restaurants still, even today, serve me plates of extremely hot food, which would burn me if it fell on my lap. So does my mother in law. The fact that the plaintiff in this case proved that the average Mcdonalds customer wasn't aware of the specific type of burn that spilled coffee could cause is ... somewhat laughable. I wouldn't really expect anyone but a doctor to know it off the top of their head. I just assume really hot things will hurt me if I spill them on myself - that's really all I need to know.

The problem is a society which increases its expectations of others to take care of them rather than use the rather obvious judgment required in many of these scenarios to take care of themselves.

This problem is overwhelmingly evident in many areas of life, not only this, but in wanting the federal government to "do" and "give" to them, expecting schools to parent children, etc.

The evolution (broadening, expansion) of duty in torts is just one symptom of a pervasive problem.
Of course, it's still possible to eschew victimhood and grab life by the reins for yourself - and much more satisfying

 

[moke123]

What a lot of people get wrong about the infamous 1994 McDonald’s hot coffee lawsuit

Adam Ruins Everything explains that the case wasn’t about greed, but about a working-class woman forcing a big company to make its product safer.

www.vox.com