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by bluGill
862 days ago
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If Honda says that the Civic is good for running into people then yes - as this is the clear purpose. Or if Honda says you don't have to worry as it is not possible to hit someone - because they promised that took care of things. Note that courts take advertising over warning labels and the manual. Which is why many car ads have the text "professional driver on closed track on screen" - make it clear they they think car can do it but not most customers. Likewise cutting tools often have "guards removed for clarity" are clearly not operating (or clearly a cartoon image and not the real tool) - if they advertise someone running the tool without the guard they are liable. There is also the concept of foreseeable misuse in courts. If you can imagine someone would do that you have do show the courts that isn't the intended purpose and you tried to prevent it. If someone does something you didn't think of, then you need to show the court you put a reasonable effort into figuring out all the possible misuses otherwise it becomes a lack of creativity on your part. Thinking of a misuse doesn't mean you have to make it impossible, just you have to make reasonable effort to ensure that doesn't happen (guards, warning labels, training, not selling to some customers - all are common tactics to sell something that can be misused without being liable, but even there you can't put a warning label on something if you could have placed a guard on the danger) The above just brushes the surface of what the courts deal with (and different countries have different laws). If you need details talk to a lawyer. |
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