[RM7]

And here's the other thing, evidence is perishable. You forget who you talked to, or exactly what was said, or the CVR over-writes or there's some time limit that you exceed, or the dealer claims your inaction or acceptance is evidence there's nothing wrong with what they did, and so on. Even if you don't pursue suing, you should be going forward just like you would.

I had a ski binding malfunction during my first trip out on the skis last weekend. This was due to the installation. Little flippy lever that allows you to climb with the bindings wouldn't go into the slot, causing them to collapse while trying to climb. At home, I took pictures of the skis, bindings, the model names, the paperwork they gave me when I had them mounted. I took several videos showing the improper operation of the bindings describing the correct functioning with the good ski and the one that was malfunctioning, side by side. I then took video to shop and showed the techs, at which time I was also getting the tech person's name, taking pictures of the binding doing the exact same thing at the shop, etc. I showed them the video. They made it right.

Did they make it right because it looked like I had all of my ducks in a row? Maybe, but maybe they just did the right thing. If they had not, I would have asked to see a manager and would have showed him the video, and if they would refuse to do anything, I'd request a signed statement from them indicating that nothing was wrong, or if they tried to do some hokey half-ass fix by bending something, I'd absolutely require them to make a statement that nothing was wrong. I'd then go to the manufacturer, send them my video, and ask them what they thought about the operation and whether it was safe, noting who I talked to and making sure to record that evidence (written, or make a statement following conversation). You have to protect yourself at every step, but also give them a chance to do the right thing. Like if you haven't gotten a good answer, send them a letter return-receipt asking for an answer within 10 days of receipt, then you formalize the whole situation, where there's a written record that they have been made aware of this, which often makes them all of a sudden "wake up". This is probably the majority of what lawyers actually do, at least from my observations, and I do work with lawyers some, rather than taking people to court like you see on TV, so you can usually do all of this on your own for much cheaper. If they still won't do the right thing, NOW you've collected the evidence along the way where you can actually utilize this avenue and you won't be throwing away a bunch of money most likely.

[Gesler]

Originally Posted by jpnh

How is utilizing the courts to sue someone who has damaged your private property and refuses to make restitution a bad thing?

This isnt like someone spilling coffee in their lap and trying to blame someone else for their clumsiness

Funny, a very similar post a while back lead into the actual facts of the McDonalds case; the old woman's injury and subsequent impact were not trivial. Still, only in the US.

[eluded]

I would pull the data just to determine the amount of negligence

[David70]

Originally Posted by eluded

I would pull the data just to determine the amount of negligence

I think at best you would be given the ok to get it, then you are stuck paying someone to pull it for you. It's your money but in the M5 link given the other dealer said there was $30k worth of damage to the 2007 M5. Cars totaled and the first dealer caused it, amount of negligence seems pointless to me and you are left with fighting over the value of the car.

[PoorLurker]

Originally Posted by Jackie Chiles

Its your car. It's your data. Have at it.

How can we go a whole thread about legal stuff and not recognize who we have in our presence!

[9krpmrx8]

Originally Posted by jpnh

This isnt like someone spilling coffee in their lap and trying to blame someone else for their clumsiness

OT, but have you ever read the original story of this now famous coffee incident? The lady it happened too died later in life and her biggest regret was not telling her story because she was upset she was looked at as some money grubber all those years. So on her death bead she made sure a documentary was done about it and it is pretty eye opening.

[jpnh]

Originally Posted by 9krpmrx8

OT, but have you ever read the original story of this now famous coffee incident? The lady it happened too died later in life and her biggest regret was not telling her story because she was upset she was looked at as some money grubber all those years. So on her death bead she made sure a documentary was done about it and it is pretty eye opening.

No doubt there's a compelling personal/emotional side to the incident but at its core she spilled the coffee on herself and sought compensation from another party

[Jackie Chiles]

Originally Posted by jpnh

No doubt there's a compelling personal/emotional side to the incident but at its core she spilled the coffee on herself and sought compensation from another party

False. Read up on it. You would find it interesting as an armchair legal expert.

[SakhirM4]

Originally Posted by Jackie Chiles

False. Read up on it. You would find it interesting as an armchair legal expert.

https://en.wikipedia.org/wiki/Liebec...;s_Restaurants

[jpnh]

Originally Posted by Jackie Chiles

False. Read up on it. You would find it interesting as an armchair legal expert.

Do you want feelings or do you want facts?

Did McDonalds spill the coffee on her or did SHE spill the coffee on herself?

This is really the beginning, middle and end of the entire issue.....its hot fucking coffee....there's STEAM coming out of the opening on the LID ..its not ICED coffee....its not TEPID coffee.....its HOT FUCKING COFFEE

Furthermore there were samplings of the coffee temp from various establishments and they're consistent with what was served from McD's

What happened to her is tragic but it was no ones fault but her own

[Jackie Chiles]

Originally Posted by jpnh

Do you want feelings or do you want facts?

Did McDonalds spill the coffee on her or did SHE spill the coffee on herself?

This is really the beginning, middle and end of the entire issue.....its hot fucking coffee....there's STEAM coming out of the opening on the LID ..its not ICED coffee....its not TEPID coffee.....its HOT FUCKING COFFEE

Furthermore there were samplings of the coffee temp from various establishments and they're consistent with what was served from McD's

What happened to her is tragic but it was no ones fault but her own

Again, your research skills are lacking. Try going to a website that will provide an unbiased account of the lawsuit and it's eventual outcome.

[jpnh]

Originally Posted by Jackie Chiles

Again, your research skills are lacking. Try going to a website that will provide an unbiased account of the lawsuit and it's eventual outcome.

There's not a lot to dispute/interpret/other

She purchased coffee
She SPILLED coffee on HERSELF

If she had tripped and fallen on a pair of scissors she was carrying do you think she could sue the scissor manufacturer because the scissors have a point and an edge?

[Jackie Chiles]

Originally Posted by jpnh

There's not a lot to dispute/interpret/other

She purchased coffee
She SPILLED coffee on HERSELF

If she had tripped and fallen on a pair of scissors she was carrying do you think she could sue the scissor manufacturer because the scissors have a point and an edge?

LOL

[dzvero]

Is this is hypothetical or they crashed your car?

[hayes180]

Originally Posted by omasou

This thought process is what is wrong with the US.

beat me too it...

[SakhirM4]

This thread is just like the old telephone game. The OP asked a hypothetical question about getting data "if" a dealership crashed his car and we have progressed to suing the dealership because they are scumbags and refused to pay for getting the car fixed, etc., etc.

So typical of this forum

[RM7]

Originally Posted by jpnh

Do you want feelings or do you want facts?

Did McDonalds spill the coffee on her or did SHE spill the coffee on herself?

This is really the beginning, middle and end of the entire issue.....its hot fucking coffee....there's STEAM coming out of the opening on the LID ..its not ICED coffee....its not TEPID coffee.....its HOT FUCKING COFFEE

Furthermore there were samplings of the coffee temp from various establishments and they're consistent with what was served from McD's

What happened to her is tragic but it was no ones fault but her own

There was negligence on McDs part. That's the real story.

[jpnh]

Originally Posted by JamesNoBrakes

There was negligence on McDs part. That's the real story.

What negligence?

The coffee served to her was within the range of temps that other coffee retailers serve theirs within

Furthermore similar instances have been litigated in courts unsuccessfully

Is the problem the inanimate object or the tool user?

Its the same argument with a person that runs with scissors or has a negligent discharge with a firearm

The cup of coffee didnt "Explode" in her lap, nor did the cup fail and spill hot coffee in her lap.

She failed to properly handle a cup of hot coffee.

SHE SPILLED HOT COFFEE ON HERSELF

At its most basic level this is an issue of personal responsibility.

Whats next? are you going to blame McDonalds or some other restaurant for the stains on your shirt because you're incapable of putting food in your mouth like a civilized human being?

[Jackie Chiles]

Originally Posted by jpnh

What negligence?

The coffee served to her was within the range of temps that other coffee retailers serve theirs within

Furthermore similar instances have been litigated in courts unsuccessfully

Is the problem the inanimate object or the tool user?

Its the same argument with a person that runs with scissors or has a negligent discharge with a firearm

The cup of coffee didnt "Explode" in her lap, nor did the cup fail and spill hot coffee in her lap.

She failed to properly handle a cup of hot coffee.

SHE SPILLED HOT COFFEE ON HERSELF

At its most basic level this is an issue of personal responsibility.

Whats next? are you going to blame McDonalds or some other restaurant for the stains on your shirt because you're incapable of putting food in your mouth like a civilized human being?

The determination of negligence is a question left to the jury, not you. The jury found negligence on the part of McDonalds. Did you know that?

[jpnh]

Originally Posted by Jackie Chiles

The determination of negligence is a question left to the jury, not you. The jury found negligence on the part of McDonalds. Did you know that?

Thats the pathetic part

There have been a pile of similar cases and this is the only one where a jury ruled in this manner

But dont let common sense and other legal cases get in the way of your feelings......

[Jackie Chiles]

Originally Posted by jpnh

Thats the pathetic part

There have been a pile of similar cases and this is the only one where a jury ruled in this manner

But dont let common sense and other legal cases get in the way of your feelings......

Cupcake, I think you are the one with feelings.

[jpnh]

Originally Posted by Jackie Chiles

Cupcake, I think you are the one with feelings.

Not so much jackie

The fact are on my side with multiple cases on the same issue coming out against the plaintiff and ruling for personal responsibility

You've only got one rogue tear jerker of a case supporting your argument.

Facts 1
Feelings 0