Jump to content

Who has ever been sued?


LaurieF

Recommended Posts

  • Replies 76
  • Created
  • Last Reply

Top Posters In This Topic

One of the ladies at NG said she doesn't have insurance and that the label on the bottom of the jar is sufficient.

A warning label is not a guarantee you won't get sued, nor is an insurance policy, nor is being a LLC or anything else. You want to be prepared in the any event. I'd be curious to see the outcome of the lawsuit about the candle and the homeowner's insurer. Leaving it up to a judge to decide vs. a jury, you stand a much more fair chance. And, alot depends on the laws of your state, also.

I recommend insurance, it's a sign of our times.

Link to comment
Share on other sites

If you don't have anything now, they can get FUTURE monies. They can force you to have a sheriff's auction, they can garnish wages in the future until all is paid. Unless you can live under society's radar and earn wages under the table, hide all your future assets, I wouldn't do it. You may not have much now, but you are gambling all your future assets and income on being someone else's. I would hate working just to give my stuff to someone else. :(

Excellent post.

Link to comment
Share on other sites

I just posted about this on the Snowtop board, about a friend of mine.

She was a power seller on e-bay with her candles, and I guess for the story I got, that the buyer left the candle unattended (left the house and forgot the candle was burning), and she got a call on her cell phone that the fire dept. was at her home..etc..

My friend had NO insurance, she never really profited enough to afford it.

So, she is going thru the lawsuit right now, and it wasn't the buyer of the candle that forced it, but her home owners insurance is the one thats actually sueing her.

Even if she can win the case, her attorney fee's are sooo outrageous. And her attorney told her their is still always that 'good' chance,... that she could loose.

He quoted her about the lady that bought the coffee from McDonalds yrs. back, and sat it between her legs and sued McDonalds and won.

He also told her...if the judge was having a bad day, or the lady was a single parent, and just felt sorry for her, or anything...she could loose. Basically telling her...its all up to that man in the black robe, and how he feels.

Leisa

This is what just gripes me about the legal system. They don't rule by letter of the law but by a whim! So unfair. That lady at McDonalds should have lost that case!!! Outrageous!!! I get mad every time I think about that particular lawsuit!!!

Link to comment
Share on other sites

It's always best to have insurance for those "just in case" situations.

For instance, because of the year of my car, I can carry just liability in my state, instead I choose to have full coverage. Thank goodness I do that, my car was stolen last year, I got it back and the damages plus what was paid for me to rent a car was over $1600. I only had to pay $250. So, it's worth it.

Link to comment
Share on other sites

This is what just gripes me about the legal system. They don't rule by letter of the law but by a whim! So unfair. That lady at McDonalds should have lost that case!!! Outrageous!!! I get mad every time I think about that particular lawsuit!!!

It was correct for her to win the case, but not at the original dollar amount that she did win it for, but that had nothing to do with how much she was asking for, a jury awarded her that amount. She had to have skin grafts on her legs because the burn was so bad from that coffee. When someone hands you a cup of coffee, if it accidentally spills, would you expect it is so hot it burns your skin right off? Thought not. Regardless, McDonald's won on appeal and the $$ was brought down. All the lady wanted in the beginning was medical bills and time off covered, McDonald's didn't think they were responsible, so it went to court.

So I guess after all these years, you can quit getting mad about this case.

Link to comment
Share on other sites

It was correct for her to win the case, but not at the original dollar amount that she did win it for, but that had nothing to do with how much she was asking for, a jury awarded her that amount. She had to have skin grafts on her legs because the burn was so bad from that coffee. When someone hands you a cup of coffee, if it accidentally spills, would you expect it is so hot it burns your skin right off? Thought not. Regardless, McDonald's won on appeal and the $$ was brought down. All the lady wanted in the beginning was medical bills and time off covered, McDonald's didn't think they were responsible, so it went to court.

So I guess after all these years, you can quit getting mad about this case.

There is no way on the planet earth that I would be stupid enough to think that coffee wouldn't give me second degree burns. She should have lost it.

Link to comment
Share on other sites

There is no way on the planet earth that I would be stupid enough to think that coffee wouldn't give me second degree burns. She should have lost it.

it didn't give her second it gave her third. and the coffee was found to be i think it was 20 degrees hotter then it should be kept at. and contrary to popular belief she wasn't driving either she was the passenger whoever was driving had stopped the car so she could add cream and sugar and when she took the lid off it spilled

Link to comment
Share on other sites

it didn't give her second it gave her third. and the coffee was found to be i think it was 20 degrees hotter then it should be kept at. and contrary to popular belief she wasn't driving either she was the passenger whoever was driving had stopped the car so she could add cream and sugar and when she took the lid off it spilled

I know the coffee is very hot at these places. I wonder how they could prove it was 20 degrees too hot after the fact? Did they go into the store and check out the temperature in the pots?

Link to comment
Share on other sites

For the other poster that's from VA... I live in VA also, just across the state, and I just recently got done checking on this... The lowest I was quoted was $769 a year. If you're able to find it cheaper, would you please let me know!!!???! TIA! The highest went on up into the thousands. They were baffled at why I was wanting insurance, saying that the purchaser of the candle was using at their own risk, and that if they sat it under a curtain that caught on fire, and burned their house down, it was their own problem, and that when a fire insepector went in to do the inspection, they would be able to pretty much pin point the actual issue. I don't know... I'm saving to be able to afford it... I don't do much, but I'm hoping to eventually get larger and larger! Better safe than sorry....

~Kristen~

Link to comment
Share on other sites

This has been a truly interesting read!

But it's made me realize, maybe I don't need it so much!!!

But before I say anything more, let me assure you I don't do candles. At least none with wicks, lol.

I just want to do a show here or there, 1 big seasonal one maybe and a few super local little events. ( I live in a small town) I do melts, wickless and some B&B. I have already spent so much $$ on learning and testing... that I just had to stop because I thought with out insurance there was nothing I could do to re coup any of that money. To me selling anything meant 'owning a business'... and owning a business means 'must be insured. Period.' I couldn't imagine why i'd get sued over a lip balm, unless I hid ingredients or something, lol. And I want to find a little local ma and pa place to sell melts through. They may require insurance... I don't know. Like I said, I've totally stopped doing anything with intent of having a business someday thinking I needed to wait until I actually HAD insurance first. I'm not advocating against it, but this has shown me that right now- being a 'crafter' w/o isn't so terrible. For now. :wink2:

Link to comment
Share on other sites

It was correct for her to win the case, but not at the original dollar amount that she did win it for, but that had nothing to do with how much she was asking for, a jury awarded her that amount. She had to have skin grafts on her legs because the burn was so bad from that coffee. When someone hands you a cup of coffee, if it accidentally spills, would you expect it is so hot it burns your skin right off? Thought not. Regardless, McDonald's won on appeal and the $$ was brought down. All the lady wanted in the beginning was medical bills and time off covered, McDonald's didn't think they were responsible, so it went to court.

So I guess after all these years, you can quit getting mad about this case.

Rebecca,

I ran over this case online last night and I want to apologize to you. I was totally wrong and listening to bias news reports. The coffee was way too hot for the establishment to be serving.

It was hot enough to sustain 3rd degree burns.

Again, I am sorry for pushing a point that I was not studied on. Bad form on my part.

BTW, I have ceased to be angry about it anymore! lol!

Link to comment
Share on other sites

it didn't give her second it gave her third. and the coffee was found to be i think it was 20 degrees hotter then it should be kept at. and contrary to popular belief she wasn't driving either she was the passenger whoever was driving had stopped the car so she could add cream and sugar and when she took the lid off it spilled

I was reading that Starbucks heats their coffee even hotter than McDonalds. lol!

Aside from the "open and obvious" danger that coffee presents that should eliminate a warning, Stella Liebeck's cup did have a warning! The jury thought it was "too small", which reflects the problem with failure-to-warn claims—one can always second-guess a warning after the fact, because it's always possible to give a more extensive warning.

Makes you wonder about those little warning labels on the bottom of our jars and containers!

Link to comment
Share on other sites

Rebecca,

I ran over this case online last night and I want to apologize to you. I was totally wrong and listening to bias news reports. The coffee was way too hot for the establishment to be serving.

It was hot enough to sustain 3rd degree burns.

Again, I am sorry for pushing a point that I was not studied on. Bad form on my part.

BTW, I have ceased to be angry about it anymore! lol!

Thank you, but absolutely no need to apologize. This is a very classic case of how the media distorted the truth and reported lies and so many just believed them without question and the truth was out there.

I would have believed the same as you, and I did for awhile, but this case was one we studied in a business law course I took in college. Thanks for taking the time to research this case and learn the truth.

Link to comment
Share on other sites

One of the ladies at NG said she doesn't have insurance and that the label on the bottom of the jar is sufficient.

Now that is hysterical! NO! A warning does not cover you from a lawsuit. I can sue joe blow for nothing at all. She needs to call an attorney and find out the truth! If this is an NG employee telling people that, shame shame on them! They should know better. And for the record, yes, I have insurance!

Link to comment
Share on other sites

NG's tutorials also don't have you use adhesive on wicks... they just say to float them down and set them into the bottom of the candle while it's cooling... now I have several candles left (my own personal use) that don't have the wicks fixed and they migrate to the side during the last part of the burn.... I have to stick a butter knife in and slide the wick back when I'm burning one of those...

And yes, the tutorial STILL says you should just float the wick down later...

-Kristi

Link to comment
Share on other sites

It makes me so mad that someone can get sued when there is no fault with their product only that someone is not responsible enough to have candles in their home in the first place!

When i go out i always check that electricals are turnt off as well as my fire and oven. If i was to cause a fire by leaving my oven on i would never dream of suing the manufactures of the oven!! Surely if the product isnt used properly and with the guidlines it is sold with then there isnt a case?? I always put warnings on my candles even when i give them to friends,you can never be sure wot people will do with them.

When i was 4 i bumped my head and started crying my mum left the dinner to check on me when she returned to the kitchen the room was full of smoke coz the chip pan had caught alight. The whole house had to be decorated and kitchen re fitted!!!and we lost alot of personal possesions,and had to stay with family for 4 months whilst we had our home insurance go through and the work done. My mum never sued coz it was the way she was using the pan and leaving it unattended, she was relieved that everyone was safe! Surely thats the same with candles???

Link to comment
Share on other sites

  • 3 weeks later...
Can anyone please tell me who in pa offers insurance? I have been calling companys and so far no luck....from what I get they are scared to write the policy because there are so many sue happy people....TIA

If you make soaps too, you can get insurance (for $480 a year) thru the soapmakers guild - www.soapguild.org

Link to comment
Share on other sites

We have had a business general liability policy for ten years (required by our landlord). Price varies each year. What we believe is that you are MORE susceptible to lawsuits if you have insurance. Lawyers go after the money. Small mom and pop businesses are not worth the effort. The burden of proof is on the plaintiff. A mom and pop outfit would have to be proved knowingly negligent to lose a suit in court. The plaintiff would have to pay big bucks up front to their lawyers to TAKE the case and then more bucks to take it to court. And if they lose, they lose lots of money. If you have insurance or you have a very large business, there are assets for the lawyers to go after. Most of the suits are settled out of court. The plaintiffs don't have to put up any cash for their lawyers; the attorneys operate off of a percentage of the settlement and absorb all costs. I don't believe an attorney would take a case if there is no insurance policy involved. This just our opinion. We have never been sued or even close.

Link to comment
Share on other sites

I wouldn't be so sure about my theory if I were you, David. An attorney will not know if the "defendant" has insurance or not until he sues them. If an attorney sees a potential client who lost her home, and was permanently disfigured by a fire, he might think a jury will be very sympathetic and could award a large judgement on her behalf, he might take the case.

Just because you're a mom and pop operation will not keep a lawyer from seeing dollar signs. Even if you didn't purchase insurance, a lawyer will find out what other assets you DO have--cars, boats, vacation homes, rental property, jewelry, certificates of deposit, etc. He can also decide to go after your suppliers. Even though they say they are not responsible for what you create, it's meaningless if it can be determined they sold you items they knew where not suitable for making candles.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...