Who’s To Blame When Your Gadget Bursts Into Flames?

Megalith

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If your device blows up, you can essentially blame anyone and anything that made it commercially available. There is no federal law that requires any device to be tested—perhaps we should thank retailers for insisting on carrying only safe products, but I imagine that something called a lawsuit also plays a part.

…there’s no legal requirement for consumer products to be safety-certified by an independent third party, like UL. Second, even when products contain safety certified parts like batteries, the product itself may not have been tested and certified. Third, though retailers are likely to insist on a safety certification for products they sell, the lack of a legal framework to require it, or any mechanism to enforce it, means that non-certified products can and do make it onto retailers’ shelves be they physical or digital.
 
Let's see an additional regulatory body or simply just let the courts work with lawsuits. I choose the court's fuck tort reform the only tort reform that needs to happen is abuse of the courts by large companies and some states already are capable of punishing patent trolls(given patent trolls never file in those states)
 
Oooo Patents being mentioned. Just make the patent owners responsible and pay out, which patent? Any patent that the device uses. Also, make it retroactive, and anyone who owns the patent would have to pay. So if it gets sold off, the new owners pay too!


Sure way to get rid of patents.
 
The problem with lawsuits is 2-fold....

1) Anyone should be held accountable for a product or service that they do. No question. If you call someone to repair your air conditioner and 1 week later it blows up from something the service company did - they MUST be held accountable. That's the entire premise of the service: I don't know air conditioning, thus I called a qualified expert to do it for me. If I just wanted to blow things up I would have tried it myself.

2) Frivolous lawsuits are the plague that is abusing our court system. However, the answer (in my opinion) is really quite simple: A judge that can essentially rule a case as frivolous. If a judge does so - you will be forced to pay a penalty... say, $1000-$2000 for wasting the courtroom's time and money. A good example of this would be companies whose sole function is to make bullshit patents and try to sue companies for products that were already made. Obviously before something like this would come into play, we would need to better define what frivolous constitutes, as well as make it clear to anyone and everyone that files a lawsuit that this is a risk they choose to accept.
 
The problem with lawsuits is 2-fold....

1) Anyone should be held accountable for a product or service that they do. No question. If you call someone to repair your air conditioner and 1 week later it blows up from something the service company did - they MUST be held accountable. That's the entire premise of the service: I don't know air conditioning, thus I called a qualified expert to do it for me. If I just wanted to blow things up I would have tried it myself.

2) Frivolous lawsuits are the plague that is abusing our court system. However, the answer (in my opinion) is really quite simple: A judge that can essentially rule a case as frivolous. If a judge does so - you will be forced to pay a penalty... say, $1000-$2000 for wasting the courtroom's time and money. A good example of this would be companies whose sole function is to make bullshit patents and try to sue companies for products that were already made. Obviously before something like this would come into play, we would need to better define what frivolous constitutes, as well as make it clear to anyone and everyone that files a lawsuit that this is a risk they choose to accept.

As a hvac guy i have to disagree with you on number one. If it is a new unit and it fails in a week odds are the installer did a bad job. If its your 15 year old ac that fails a week later that is just the way of things. Also for a ac to blow up someone would have had to filled it with a flammable gas and there be a leek in it. Now i have had 1 furnace i worked on burn down a house. I told the guy he could not use the unit as the heat chamber was shot and i shut the gas off to it, he turn it on and burnt his house down and tried to blame us. I showed the invoice where i said unit is not safe do not use and had the guy sign it before i left....as far as i know his insurance was not going to cover him:)

But back on the topic the company that makes said device should be sued if its a newer device and still in ome configuration
 
those batteries can explode if it doesn't have a controller to turn off charging when its full. company should be at fault if they fail to put one in and put one that would fail on normal use.
 
As a hvac guy i have to disagree with you on number one. If it is a new unit and it fails in a week odds are the installer did a bad job. If its your 15 year old ac that fails a week later that is just the way of things. Also for a ac to blow up someone would have had to filled it with a flammable gas and there be a leek in it. Now i have had 1 furnace i worked on burn down a house. I told the guy he could not use the unit as the heat chamber was shot and i shut the gas off to it, he turn it on and burnt his house down and tried to blame us. I showed the invoice where i said unit is not safe do not use and had the guy sign it before i left....as far as i know his insurance was not going to cover him:)

But back on the topic the company that makes said device should be sued if its a newer device and still in ome configuration


Oh c'mon quit with the fact checking Mr. HVAC :p

Was meant to be a complete hypothetical where it literally blew up.
 
Oooo Patents being mentioned. Just make the patent owners responsible and pay out, which patent? Any patent that the device uses. Also, make it retroactive, and anyone who owns the patent would have to pay. So if it gets sold off, the new owners pay too!


Sure way to get rid of patents.

Why not also include the authors of any scientific paper that the patents' technologies too?

Sometimes it isn't faulty engineering or technology...
 
Released I made a major spelling error...

I meant.... "Why not also include the authors of any scientific paper that the patents' technologies are based on too?"
 
I blame whoever the highest person was who authorized putting the cheap chinese battery into it.
 
Seems like a pretty US centric problem to me.
Within EU just about everything must fulfil some EU specs and be CE certified before being put on the market.
CE certification, on the other hand, has some problems of its own:
1. Certification usually just means the producer (designer/manufacturer) guarantee that the product is okay. No 3rd party review (by a "Notified Body") is required unless some special circumstance apply.
2. A CE stamp on the product doesn't by itself imply that it's certified to do the what you want. (Case in point: A chain of supermarkets in Sweden were selling some CE marked plastic helmets for use when riding bikes or skateboard. A customer reacted on the weak stuffing, and a closer examination showed that these helmets were properly certified... as "toys", not to be used as protective gear.)
 
As a hvac guy i have to disagree with you on number one. If it is a new unit and it fails in a week odds are the installer did a bad job. If its your 15 year old ac that fails a week later that is just the way of things. Also for a ac to blow up someone would have had to filled it with a flammable gas and there be a leek in it. Now i have had 1 furnace i worked on burn down a house. I told the guy he could not use the unit as the heat chamber was shot and i shut the gas off to it, he turn it on and burnt his house down and tried to blame us. I showed the invoice where i said unit is not safe do not use and had the guy sign it before i left....as far as i know his insurance was not going to cover him:)

Always document everything. Best way to protect yourself from others stupidity.
 
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