Re: Diagnostics

On 10/19/2024 12:58 PM, George Neuner wrote:

On Fri, 18 Oct 2024 21:05:14 -0700, Don Y

But, "due diligence" can insulate the manufacturer, to some extent.
No one ever *admits* to "doing a bad job".

 Actually due diligence /can't/ insulate a manufacturer if the issue
goes to trial. Members of a jury may feel sorry for the litigant(s),
or conclude that the manufacturer can afford whatever they award ...
or maybe they just don't like the manufacturer's lawyer.

You missed my "to some extent" qualifier.  It allows you to make
the case /to that jury/ that you *thought* about the potential
problems and made a concerted attempt to address them.  Contrast
that with "Didn't it occur to the manufacturer that a customer
might LIKELY use their device in THIS manner, resulting in
THESE sorts of problems?"
You can never understand how a device can be "misapplied".  But,
not making ANY attempt to address "off label" uses is sure to
result in a hostile attitude from those judging your behavior:
"So, you made HOW MUCH money off this product and still
couldn't afford the time/effort to have considered these issues?"
"Small fish" are seldom targeted by such lawsuits as they have
few assets and can fold without consequences to their owners.

Unlike judges, juries do /not/ have to justify their decisions,
Moreover, in some US juridictions, the decision of a civil case need
not be unanimous but only that of a quorum.
 

If your doorbell malfunctions, what "damages" are you going
to claim?  If your garage door doesn't open when commanded?
If your yard doesn't get watered?  If you weren't promptly
notified that the mail had just been delivered?  Or, that
the compressor in the freezer had failed and your foodstuffs
had spoiled, as a result?
>
The costs of litigation are reasonably high.  Lawyers want
to see the LIKELIHOOD of a big payout before entertaining
such litigation.

 So they created the "class action", where all the litigants
individually may have very small claims, but when put together the
total becomes significant.

But you still have to demonstrate a loss.  And, be able to
argue some particular value to that loss.  "Well, MAYBE
Publishers' Clearinghouse came to my house to give me that
oversized/cartoon check but the doorbell MIGHT not have
rung.  So, I want '$3000/week for life' as compensation..."