Do i have a lawsuit on my hands? - Tilted Forum Project Discussion Community

barenakedladies · 03-03-2006, 12:07 PM

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stevo · 03-03-2006, 12:16 PM

Well you are losing money because of it. I think there might be law suit potential. I also think there is no shortage of lawyers that would have a listen to you.

ratbastid · 03-03-2006, 12:16 PM

Personally, I think you're overreacting. Some guy with an empty box and a glue gun was having a bad day, and took it out with the equipment he had at hand. Your mother was the unfortunate recipient of the message, and for that your vendor owes you and her at the least an apology, and perhaps also a discount or refund on that shipment or something. If you have a sales rep there, you should call to complain.

If I had been the customer, I'd have had a good laugh about the poor schmuck who wrote that message--cause we've all been there--and I'd have gone on about my business.

Do you have grounds for legal action? I don't know. If I were on the jury, I'd have an awful hard time finding in favor of damage penalties that would make it worth your effort.

barenakedladies · 03-03-2006, 12:22 PM

intentional infliction of emotional distress.

think about the grocery store example.
Think about if your mom opened up that or if a small child opened it up and saw those words.

The_Jazz · 03-03-2006, 12:24 PM

Sorry, but I really don't think that you have a winnable case in court. You can sue (you can ALWAYS sue), but unless you can prove that the larger corporation ordered their employee to do this knowing that this particular case was going to you, you're going to have a hard time proving any real injuries. An owner having her feelings hurt isn't a very good cause of action. The other company will probably blame it on a disgruntled employee and get away with it (since that's probably whose at fault anwyway). Your out the cost of the suit and the relationship since your supplier probably won't want to do business with you. Again, sorry.

That said, if you follow ratbastid's advice and take it up with the sales rep, I'll be that they try to fix the problem. They might send the next shipment for free or something, especially if you very nicely make a big enough stink and let them know that there are other folks that you can buy from that will guarantee not to insult you everytime you open one of their boxes.

Sage · 03-03-2006, 12:29 PM

Well, before you jump on the "sue everyone's pants off" bandwagon...

Did you take pictures of this case of stuff? Do you still have it in it's original condition after you opened the package? If you don't have the case with the words on it, then there's pretty much nothing you can do other than call the company and complain. If you still have the box JUST AS YOU OPENED IT, then you have more options.

First of all, get all the paperwork that has to do with that box of stuff together- the shipping recepit, the order number, that kind of thing. Then get it all together, sit down, write out EXACTALY what happened when you opened the box. The day, the time, who touched the box, everything that happened to the box from the time it was shipped to your door to the time your mom walked away in disgust. Once you have all that together, call the company you ordered it from.

DON'T GET ALL MAD. I know you want to yell at someone, but that will get you NOWHERE fast. Be polite, but firm. And WRITE DOWN the names of EVERYONE you talk to- this will come in handy later. Also, write down what they said, if they said they'd do something for you, if they said they'd talk to someone, etc etc. DOCUMENT EVERYTHING. When the first company rep gets on the phone, explain that you have a very particular and strange situation and calmly tell them what you found on the inside of the box. DON'T MAKE SPECULATIONS, JUST TELL FACTS. "I got box XYZ on this date, my employee (tell them it was an employee, i'm assuming your mother works at your store, but don't tell them it was your mother- complicates things) opened it, there was a rude message spelled out in glue gun."

By sticking to the facts and just the facts you're putting the ball in their court. Don't demand they do anything, just say that you are very disappointed. Now, if the first person you talk to (the customer service peon) doesn't do anything than say "Oh, we're really sorry," thank them for their time and request to speak to a supervisor. As you go higher up on the food chain, flesh out your explination- for example, tell the supervisor that you are now opening up every case that comes into your store from their company and that is costing you time and money. DO NOT put down the phone until you've either A) gotten a sincere apology, talked to someone and gotten their name and PERSONAL office number, and gotten compensation in some form for the problem (to your satisfaction) --OR-- B) are made totally aware of the fact that no matter who you talk to, they simply don't really care.

Hopefully, the company will be amicable and willing to work with you. If they are not, don't get mad!!! Getting mad only makes you look like a loony. Be professional as possible- be Joe Cool the whole time. If they will not work with you, thank them for their time. Take all the notes you made from the phone conversation, put them together, then call the BBB. That's where I'd take it from there. Now, I don't know anything past this point, because all I've ever had to do is talk to the customer service people. But anywho, talk with the BBB, see what they can do- if anything. It is at this point you should seek legal counsel. Just go and talk to a lawyer, see if there's anything you can do through the courts.

Anyone with some expierence in this stuff wanna jump in?

Toaster126 · 03-03-2006, 12:33 PM

Quote:

Originally Posted by ratbastid

Personally, I think you're overreacting. Some guy with an empty box and a glue gun was having a bad day, and took it out with the equipment he had at hand. Your mother was the unfortunate recipient of the message, and for that your vendor owes you and her at the least an apology, and perhaps also a discount or refund on that shipment or something. If you have a sales rep there, you should call to complain.

If I had been the customer, I'd have had a good laugh about the poor schmuck who wrote that message--cause we've all been there--and I'd have gone on about my business.

Do you have grounds for legal action? I don't know. If I were on the jury, I'd have an awful hard time finding in favor of damage penalties that would make it worth your effort.

That's what I wanted to say, so I'll just put it in that nice little box for you to re-read.

barenakedladies · 03-03-2006, 12:42 PM

i will also say that i have never sued anyone in my life.

Im not "sue-happy" like the rest of america.

I just wanted advice on what to do in this situation. I know we have some lawyers in this bunch.

Poppinjay · 03-03-2006, 12:46 PM

Have you talked to anybody at the company about this?

barenakedladies · 03-03-2006, 12:47 PM

im not sure who to call at the company and if i should say anything to the company before going to a lawyer first.

maleficent · 03-03-2006, 12:50 PM

I'm not sure that you can sue for what didn't happen.. .potential loss of business is a didn't happen.. you can generally only sue for what did happen...

As for being offended by a word - that doesnt really seem to be suffering much... it wasn't directed at her...

Are you still doing business with this company? If you are that offended - send back the shipment.

maleficent · 03-03-2006, 12:50 PM

Quote:

Originally Posted by barenakedladies

im not sure who to call at the company and if i should say anything to the company before going to a lawyer first.

start with your account representative - or customer service

Bill O'Rights · 03-03-2006, 01:08 PM

Quote:

Originally Posted by ratbastid

Personally, I think you're overreacting. Some guy with an empty box and a glue gun was having a bad day, and took it out with the equipment he had at hand. Your mother was the unfortunate recipient of the message, and for that your vendor owes you and her at the least an apology, and perhaps also a discount or refund on that shipment or something. If you have a sales rep there, you should call to complain.

Do you have grounds for legal action? I don't know. If I were on the jury, I'd have an awful hard time finding in favor of damage penalties that would make it worth your effort.

Yup. What he said. Nothing more. Nothing less.

barenakedladies · 03-03-2006, 02:12 PM

i suppose im not looking for your opinion so much as i am asking whether or not a lawyer would take this case, and what are the chances of me winning something out of it.

I cant even count how many times i have heard about frivolous ridiculous lawsuits and people actually winning them. these doesnt even seem THAT frivilous to me anyways so im just wondering if i would benefit from taking this further.

maleficent · 03-03-2006, 02:16 PM

Quote:

Originally Posted by barenakedladies

i suppose im not looking for your opinion so much as i am asking whether or not a lawyer would take this case, and what are the chances of me winning something out of it.
.

Right now your chances are NONE... You've done absolutely nothing about contacting the company and giving them a chance to make right the situation... Instead you've gotten your knickers in a wad about the what might have been... and are screaming lawsuit...

A good lawyer would tell you to take a hike... A shady lawyer would take the case -- probably not on contingency.. meaning you are outting the money for his time and costs... and best case - the company would settle out of court, they wouldn't waste their time or money taking this to court - you'd get a token settlement to go away.

Ustwo · 03-03-2006, 02:31 PM

Quote:

Originally Posted by barenakedladies

i suppose im not looking for your opinion so much as i am asking whether or not a lawyer would take this case, and what are the chances of me winning something out of it.

I cant even count how many times i have heard about frivolous ridiculous lawsuits and people actually winning them. these doesnt even seem THAT frivilous to me anyways so im just wondering if i would benefit from taking this further.

Every time you sue someone because you are a greedy bastard trying to win the lottery that is the court system, the devil makes another lawyer.

To me it sounds like you are in the mood to do something unethical in order to make a fast buck and I say fuck that.

Marvelous Marv · 03-03-2006, 02:33 PM

Quote:

Originally Posted by maleficent

Right now your chances are NONE... You've done absolutely nothing about contacting the company and giving them a chance to make right the situation... Instead you've gotten your knickers in a wad about the what might have been... and are screaming lawsuit...

A good lawyer would tell you to take a hike... A shady lawyer would take the case -- probably not on contingency.. meaning you are outting the money for his time and costs... and best case - the company would settle out of court, they wouldn't waste their time or money taking this to court - you'd get a token settlement to go away.

Exactly. But this is definitely frivolous, unless you can prove the company knew what was going on.

A company that isn't "small potatoes" can't possibly oversee EVERY aspect of their business, at least to the point that they can make sure something like this incident isn't "allowed to happen."

Would you want to sue a construction company that built a bridge some tagger wrote "fuck" on?

Psycho Dad · 03-03-2006, 03:31 PM

Before getting a lawyer, I'd ask myself "What does this company owe my mother for this".

Do they owe her $345,764,272.56? A new case of product? An apology?

I'm sorry. I gotta agree with redlemon, ratbastid speaks the truth.

rofgilead · 03-03-2006, 09:22 PM

I would hope that you wouldn't be awarded any money for suing them. So some shmuck wrote "FUCK THIS" on the inside of a box. Big woop.

Seriously, lawsuits are for things involving large amounts of money, or damages including loss of limbs, health, of life.

Grow up and don't waste our courts time.

asaris · 03-03-2006, 11:27 PM

Lawsuits all require actual harm, even Intentional Infliction of Emotional Distress. IIED requires serious harm, the sort that sends you to therapy for years, not just offense at a bad word. So no, no lawsuit.

Plummie · 03-04-2006, 12:53 AM

Yeah.. a lawsuit seems pretty far-fetched. Sorry.

analog · 03-04-2006, 01:22 AM

No, there's no case here. You can't sue soemone because they said a naughty word.

highthief · 03-04-2006, 03:32 AM

Quote:

Originally Posted by ratbastid

Personally, I think you're overreacting. Some guy with an empty box and a glue gun was having a bad day, and took it out with the equipment he had at hand. Your mother was the unfortunate recipient of the message, and for that your vendor owes you and her at the least an apology, and perhaps also a discount or refund on that shipment or something. If you have a sales rep there, you should call to complain.

If I had been the customer, I'd have had a good laugh about the poor schmuck who wrote that message--cause we've all been there--and I'd have gone on about my business.

Do you have grounds for legal action? I don't know. If I were on the jury, I'd have an awful hard time finding in favor of damage penalties that would make it worth your effort.

Co-Sign. Frivolous.

Can you find someone to take the case? Sure - there are desperate shysters out there like there are desperate car salesmen and real estate agents. I neither think you have grounds to win, nor do I think morally you should even try. A letter of apology and maybe some good will credit from the company will do nicely.

barenakedladies · 03-04-2006, 07:18 AM

thanks for all the slams against my character. I was beginning to think this place was all about constructive criticism and friendliness.

All i asked was for a lawyers or someone in law schools opinion.
Not be victim of a flame war.

This issue is dead, mods please close the thread.

thanks for your time...

Marvelous Marv · 03-04-2006, 08:33 AM

For the benefit of all of us, perhaps you could point out a couple of "flames."

I'm forced to assume that someone calling your idea "frivolous" constitutes a flame.

barenakedladies · 03-04-2006, 09:00 AM

ill entertain your post however i thought i mentioned that this issue is dead...

Every time you sue someone because you are a greedy bastard trying to win the lottery that is the court system, the devil makes another lawyer.

To me it sounds like you are in the mood to do something unethical in order to make a fast buck

Grow up and don't waste our courts time.

and ill say it again, for those who can't read.... THIS ISSUE IS DEAD.

tenchi069 · 03-04-2006, 09:02 AM

Quote:

Originally Posted by barenakedladies

thanks for all the slams against my character. I was beginning to think this place was all about constructive criticism and friendliness.

All i asked was for a lawyers or someone in law schools opinion.
Not be victim of a flame war.

This issue is dead, mods please close the thread.

thanks for your time...

Spent 2 years in pre-Law. Going back in about 9 months ( moved ).

**DISCLAIMER** This is not legal advice. If you want legal advice, contact a practicing lawyer in your area **/DISCLAIMER**

Can you sue? -Yes you can ALWAYS sue.
Will you win? -Probably not.
Will the company settle out of court? -50/50, and if they do, for something like this expect something of a letter of apology and 25-50% more than what you paid for the box with the bad word.( Like sending in a bad candy bar to a company and getting back a coupon for 2 free candy bars )
Will a Lawyer take your case? -You may be able to find a charity lawyer that would take a small case on a you win you pay basis, but I wouldn't count on it. Just about any other lawyer would do whatever he can if you purchase his time, and from what you told me, there isn't much he can do that you can't

Where does this leave you? Contact the company and tell them what happened. Tell them what you feel they owe you. If they comply or they negotiate with you to something you both agree on then you can move on. If you can not reach an agreement, please reread the questions listed above and ask yourself is it worth it. You may end up with a "coupon" or you may get the guy responsible fired. Just contact the company.

This is not an attack on your character, but rather a heads up. If you do take this company to small claims court, a judge is most likely going to view it as frivolous. If he does, that puts you at a disposition from the start. Is an uphill battle worth it for what you have suffered. If not, I would just let it go if the company doesn't want to help you.

Hope that helps

--tenchi

Bill O'Rights · 03-04-2006, 09:27 AM

Quote:

Originally Posted by barenakedladies

thanks for all the slams against my character.

Quote:

Originally Posted by Ustwo

Every time you sue someone because you are a greedy bastard trying to win the lottery that is the court system, the devil makes another lawyer.

You pointed out this comment, from Ustwo, as a "flame". To be honest...I looked at that comment when I first saw it last night. I concluded that the comment was a generality...a collective "you", if you will, and let it stand. I see no flame here, nor do I see any flames, or "slams against your character", in any other post.

Quote:

Originally Posted by barenakedladies

I was beginning to think this place was all about constructive criticism and friendliness.

BNL...it's all constructive criticism. As far as the friendliness goes...I think that everyone who posted to this thread is your "friend". If you had a friend, in real life, that was doing something that you felt was wrong, would you coddle him...or smack him up along side the back of his head? That's all that happened here. We're just trying to keep you from going down the wrong road. Nothing more sinister than that.

Oh...and by the way, thanks a whole hell of a lot, for forcing me into having to defend Ustwo.

The_Jazz · 03-04-2006, 11:14 AM

Quote:

Originally Posted by Bill O'Rights

Oh...and by the way, thanks a whole hell of a lot, for forcing me into having to defend Ustwo.

And hell has now officially frozen over.... [/threadjack]

Astrocloud · 03-04-2006, 11:42 AM

I have no idea what the original thread was about and it kinda sucks for me -because I can't tell you jack about what my opinion is.

But I disagree with people who think it's generally irresponsible to sue. Sue the Bastards!

cj2112 · 03-04-2006, 12:01 PM

/cliff notes version: He was wondering if he could sue because somebody working for his supplier wrote "fuck this" with a glue gun in side of a box of product that he resells.

docbungle · 03-04-2006, 03:51 PM

Well, the OP has stated he's no longer taking opinions on this matter, but I find this an interesting subject.

I don't know what started it, but most people seem to point to the lady who spilled the McDonald's coffee on herself and sued for the burns on her skin. The "it" I refer to is frivolous lawsuits in general.

It all boils down to integrity, in my mind. Ethics. I, for instance, would not even consider a lawsuit for this type of thing. It wouldn't even enter into my mind. I feel there is a very basic difference at a person's core between the people who sue for this type of thing and people who don't let it bother them.

I think it should be impossible to sue someone for having offended you. I think all such cases should be thrown out on their butts.

Carno · 03-04-2006, 05:27 PM

I hate it when people bring up the McDonald's coffee case. There is a lot more to that case than most people know, and after reading a lot about it, I think it was justified and I don't really think it was frivolous.

But yeah, I agree with you about the integrity notion. And not only do I think frivolous lawsuits should be thrown out, I think the plaintiff should have to foot the court costs and the costs of the defendant.

analog · 03-04-2006, 11:32 PM

I didn't see anything as flaming, either. You DID get constructive criticism. The most constructive a person can be when faced with what they perceive as an absolute easy-answer question is to simply say, "no".

And a note to everyone: if you delete your opening post, don't just make a comment that a mod should delete the thread, please use the "report this" link and tell us to remove it. Putting a single comment buried somewhere in your thread will result in it taking longer for it to be deleted (basically until one of us stumbles upon it), and people will continue to post in it.

03-03-2006, 12:07 PM	#1 (permalink)
barenakedladies Crazy Location: anytown, USA	Do i have a lawsuit on my hands? ***************************************** __________________ signature smignature Last edited by barenakedladies; 03-04-2006 at 07:19 AM..

03-03-2006, 12:16 PM	#2 (permalink)
stevo Rail Baron Location: Tallyfla	Well you are losing money because of it. I think there might be law suit potential. I also think there is no shortage of lawyers that would have a listen to you. __________________ "If I am such a genius why am I drunk, lost in the desert, with a bullet in my ass?" -Otto Mannkusser

03-03-2006, 12:22 PM	#4 (permalink)
barenakedladies Crazy Location: anytown, USA	intentional infliction of emotional distress. think about the grocery store example. Think about if your mom opened up that or if a small child opened it up and saw those words. __________________ signature smignature

03-03-2006, 12:24 PM	#5 (permalink)
The_Jazz Asshole Administrator Location: Chicago	Sorry, but I really don't think that you have a winnable case in court. You can sue (you can ALWAYS sue), but unless you can prove that the larger corporation ordered their employee to do this knowing that this particular case was going to you, you're going to have a hard time proving any real injuries. An owner having her feelings hurt isn't a very good cause of action. The other company will probably blame it on a disgruntled employee and get away with it (since that's probably whose at fault anwyway). Your out the cost of the suit and the relationship since your supplier probably won't want to do business with you. Again, sorry. That said, if you follow ratbastid's advice and take it up with the sales rep, I'll be that they try to fix the problem. They might send the next shipment for free or something, especially if you very nicely make a big enough stink and let them know that there are other folks that you can buy from that will guarantee not to insult you everytime you open one of their boxes. __________________ "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin "There ought to be limits to freedom." - George W. Bush "We have met the enemy and he is us." - Pogo

03-03-2006, 12:29 PM	#6 (permalink)
Sage hoarding all the big girl panties since 2005 Location: North side	Well, before you jump on the "sue everyone's pants off" bandwagon... Did you take pictures of this case of stuff? Do you still have it in it's original condition after you opened the package? If you don't have the case with the words on it, then there's pretty much nothing you can do other than call the company and complain. If you still have the box JUST AS YOU OPENED IT, then you have more options. First of all, get all the paperwork that has to do with that box of stuff together- the shipping recepit, the order number, that kind of thing. Then get it all together, sit down, write out EXACTALY what happened when you opened the box. The day, the time, who touched the box, everything that happened to the box from the time it was shipped to your door to the time your mom walked away in disgust. Once you have all that together, call the company you ordered it from. DON'T GET ALL MAD. I know you want to yell at someone, but that will get you NOWHERE fast. Be polite, but firm. And WRITE DOWN the names of EVERYONE you talk to- this will come in handy later. Also, write down what they said, if they said they'd do something for you, if they said they'd talk to someone, etc etc. DOCUMENT EVERYTHING. When the first company rep gets on the phone, explain that you have a very particular and strange situation and calmly tell them what you found on the inside of the box. DON'T MAKE SPECULATIONS, JUST TELL FACTS. "I got box XYZ on this date, my employee (tell them it was an employee, i'm assuming your mother works at your store, but don't tell them it was your mother- complicates things) opened it, there was a rude message spelled out in glue gun." By sticking to the facts and just the facts you're putting the ball in their court. Don't demand they do anything, just say that you are very disappointed. Now, if the first person you talk to (the customer service peon) doesn't do anything than say "Oh, we're really sorry," thank them for their time and request to speak to a supervisor. As you go higher up on the food chain, flesh out your explination- for example, tell the supervisor that you are now opening up every case that comes into your store from their company and that is costing you time and money. DO NOT put down the phone until you've either A) gotten a sincere apology, talked to someone and gotten their name and PERSONAL office number, and gotten compensation in some form for the problem (to your satisfaction) --OR-- B) are made totally aware of the fact that no matter who you talk to, they simply don't really care. Hopefully, the company will be amicable and willing to work with you. If they are not, don't get mad!!! Getting mad only makes you look like a loony. Be professional as possible- be Joe Cool the whole time. If they will not work with you, thank them for their time. Take all the notes you made from the phone conversation, put them together, then call the BBB. That's where I'd take it from there. Now, I don't know anything past this point, because all I've ever had to do is talk to the customer service people. But anywho, talk with the BBB, see what they can do- if anything. It is at this point you should seek legal counsel. Just go and talk to a lawyer, see if there's anything you can do through the courts. Anyone with some expierence in this stuff wanna jump in? __________________ Sage knows our mythic history, King Arthur's and Sir Caradoc's She answers hard acrostics, has a pretty taste for paradox She quotes in elegiacs all the crimes of Heliogabalus In conics she can floor peculiarities parabolous -C'hi

03-03-2006, 12:16 PM	#3 (permalink)
ratbastid Darth Papa Location: Yonder	Personally, I think you're overreacting. Some guy with an empty box and a glue gun was having a bad day, and took it out with the equipment he had at hand. Your mother was the unfortunate recipient of the message, and for that your vendor owes you and her at the least an apology, and perhaps also a discount or refund on that shipment or something. If you have a sales rep there, you should call to complain. If I had been the customer, I'd have had a good laugh about the poor schmuck who wrote that message--cause we've all been there--and I'd have gone on about my business. Do you have grounds for legal action? I don't know. If I were on the jury, I'd have an awful hard time finding in favor of damage penalties that would make it worth your effort.

03-03-2006, 12:42 PM	#8 (permalink)
barenakedladies Crazy Location: anytown, USA	i will also say that i have never sued anyone in my life. Im not "sue-happy" like the rest of america. I just wanted advice on what to do in this situation. I know we have some lawyers in this bunch. __________________ signature smignature

03-03-2006, 12:46 PM	#9 (permalink)
Poppinjay You had me at hello Location: DC/Coastal VA	Have you talked to anybody at the company about this? __________________ I think the Apocalypse is happening all around us. We go on eating desserts and watching TV. I know I do. I wish we were more capable of sustained passion and sustained resistance. We should be screaming and what we do is gossip. -Lydia Millet

03-03-2006, 12:47 PM	#10 (permalink)
barenakedladies Crazy Location: anytown, USA	im not sure who to call at the company and if i should say anything to the company before going to a lawyer first. __________________ signature smignature

03-03-2006, 12:50 PM	#11 (permalink)
maleficent Junkie Moderator Emeritus Location: Chicago	I'm not sure that you can sue for what didn't happen.. .potential loss of business is a didn't happen.. you can generally only sue for what did happen... As for being offended by a word - that doesnt really seem to be suffering much... it wasn't directed at her... Are you still doing business with this company? If you are that offended - send back the shipment. __________________ Free your heart from hatred. Free your mind from worries. Live simply. Give more. Expect less.

03-03-2006, 02:12 PM	#14 (permalink)
barenakedladies Crazy Location: anytown, USA	i suppose im not looking for your opinion so much as i am asking whether or not a lawyer would take this case, and what are the chances of me winning something out of it. I cant even count how many times i have heard about frivolous ridiculous lawsuits and people actually winning them. these doesnt even seem THAT frivilous to me anyways so im just wondering if i would benefit from taking this further. __________________ signature smignature

03-03-2006, 03:31 PM	#18 (permalink)
Psycho Dad Mulletproof Location: Some nucking fut house.	Before getting a lawyer, I'd ask myself "What does this company owe my mother for this". Do they owe her $345,764,272.56? A new case of product? An apology? I'm sorry. I gotta agree with redlemon, ratbastid speaks the truth. __________________ Don't always trust the opinions of experts.

03-03-2006, 09:22 PM	#19 (permalink)
rofgilead Crazy Location: Nowhere	I would hope that you wouldn't be awarded any money for suing them. So some shmuck wrote "FUCK THIS" on the inside of a box. Big woop. Seriously, lawsuits are for things involving large amounts of money, or damages including loss of limbs, health, of life. Grow up and don't waste our courts time.

03-03-2006, 11:27 PM	#20 (permalink)
asaris Mad Philosopher Location: Washington, DC	Lawsuits all require actual harm, even Intentional Infliction of Emotional Distress. IIED requires serious harm, the sort that sends you to therapy for years, not just offense at a bad word. So no, no lawsuit. __________________ "Die Deutschen meinen, daß die Kraft sich in Härte und Grausamkeit offenbaren müsse, sie unterwerfen sich dann gerne und mit Bewunderung:[...]. Daß es Kraft giebt in der Milde und Stille, das glauben sie nicht leicht." "The Germans believe that power must reveal itself in hardness and cruelty and then submit themselves gladly and with admiration[...]. They do not believe readily that there is power in meekness and calm." -- Friedrich Nietzsche

03-04-2006, 12:53 AM	#21 (permalink)
Plummie Liquid Diamonds Location: Lexington, KY	Yeah.. a lawsuit seems pretty far-fetched. Sorry. __________________ Kim

03-04-2006, 01:22 AM	#22 (permalink)
analog Banned	No, there's no case here. You can't sue soemone because they said a naughty word.

03-04-2006, 07:18 AM	#24 (permalink)
barenakedladies Crazy Location: anytown, USA	thanks for all the slams against my character. I was beginning to think this place was all about constructive criticism and friendliness. All i asked was for a lawyers or someone in law schools opinion. Not be victim of a flame war. This issue is dead, mods please close the thread. thanks for your time... __________________ signature smignature

03-04-2006, 08:33 AM	#25 (permalink)
Marvelous Marv Cunning Runt Location: Taking a mulligan	For the benefit of all of us, perhaps you could point out a couple of "flames." I'm forced to assume that someone calling your idea "frivolous" constitutes a flame. __________________ "The problem with socialism is that you eventually run out of other people's money." Margaret Thatcher

03-04-2006, 09:00 AM	#26 (permalink)
barenakedladies Crazy Location: anytown, USA	ill entertain your post however i thought i mentioned that this issue is dead... Every time you sue someone because you are a greedy bastard trying to win the lottery that is the court system, the devil makes another lawyer. To me it sounds like you are in the mood to do something unethical in order to make a fast buck Grow up and don't waste our courts time. and ill say it again, for those who can't read.... THIS ISSUE IS DEAD. __________________ signature smignature

03-04-2006, 11:42 AM	#30 (permalink)
Astrocloud Apocalypse Nerd	I have no idea what the original thread was about and it kinda sucks for me -because I can't tell you jack about what my opinion is. But I disagree with people who think it's generally irresponsible to sue. Sue the Bastards!

03-04-2006, 12:01 PM	#31 (permalink)
cj2112 Unbelievable Location: Grants Pass OR	/cliff notes version: He was wondering if he could sue because somebody working for his supplier wrote "fuck this" with a glue gun in side of a box of product that he resells.

03-04-2006, 03:51 PM	#32 (permalink)
docbungle It's all downhill from here Location: Denver	Well, the OP has stated he's no longer taking opinions on this matter, but I find this an interesting subject. I don't know what started it, but most people seem to point to the lady who spilled the McDonald's coffee on herself and sued for the burns on her skin. The "it" I refer to is frivolous lawsuits in general. It all boils down to integrity, in my mind. Ethics. I, for instance, would not even consider a lawsuit for this type of thing. It wouldn't even enter into my mind. I feel there is a very basic difference at a person's core between the people who sue for this type of thing and people who don't let it bother them. I think it should be impossible to sue someone for having offended you. I think all such cases should be thrown out on their butts. __________________ Bad Luck City

03-04-2006, 05:27 PM	#33 (permalink)
Carno Junkie	I hate it when people bring up the McDonald's coffee case. There is a lot more to that case than most people know, and after reading a lot about it, I think it was justified and I don't really think it was frivolous. But yeah, I agree with you about the integrity notion. And not only do I think frivolous lawsuits should be thrown out, I think the plaintiff should have to foot the court costs and the costs of the defendant. __________________ http://how-to-spell-ridiculous.com/ Last edited by Carno; 03-04-2006 at 05:32 PM..

03-04-2006, 11:32 PM	#34 (permalink)
analog Banned	I didn't see anything as flaming, either. You DID get constructive criticism. The most constructive a person can be when faced with what they perceive as an absolute easy-answer question is to simply say, "no". And a note to everyone: if you delete your opening post, don't just make a comment that a mod should delete the thread, please use the "report this" link and tell us to remove it. Putting a single comment buried somewhere in your thread will result in it taking longer for it to be deleted (basically until one of us stumbles upon it), and people will continue to post in it.