stevebeilgard Posted February 19, 2009 Report Share Posted February 19, 2009 I dont know about that! The lady lost her husband How could you ever put a price on that. I think the treestand company should be made responsible for a faulty stand! you can't put a dollar value on a life. simple as that. so, you can do a reasonable dollar amount calculation. let me do one for you. let's say you are 30 years old, and last year you made 50 thousand dollars. if you die today, you will lose 35 years of income by not working, which is 1.75 million. now, that's the hard facts of your income. but, let's throw in some punishment for the manufacturer for killing you (couple million?) and some pain & suffering for your wife. add to that the fact that you have 4 kids who all need to go to college at 40 grand a year. so, we have 1.75 million in wages, 2 million in penalty, maybe another mil for the wife to console her, and another 800 thousand for the kids education. let's also pay off the $300,000 house for the family. there is the fair dollar amount for an award. i just don't see giving a lottery windfall to anyone for any accident. juries world wide make stupid awards to people, and hurt businesses. most just go bankrupt, ruining all they have done in the past. that is why i said we need tort reform. we need common sense awards given to folks. i won't even bring into this the matter of shared liability. id: was the stand in good shape when he used it and break, or did he not look at it and his kids had taken a few nuts & bolts off of it for their fort? things we'll never know. was he drinking? did he run over the stand with his car last year? did he even look it over before he used it? we'll never know. and now, it really isn't important. what's important is to assure that his wife & kids will not suffer financially, like they did with his loss. Quote Link to comment Share on other sites More sharing options...
Dawg Posted February 20, 2009 Report Share Posted February 20, 2009 I can see her getting the money. Not because I agree but do to the fact that if a woman can spill some hot coffee on her at McDonald's and sue and win that.....yea I can see this one walkin away with the dough. Quote Link to comment Share on other sites More sharing options...
ruttinbuc Posted February 20, 2009 Report Share Posted February 20, 2009 Just another example of where we are in this country. No where in the report does it say exactly how the stand failed...These lawyers select these jurors from the "know no better pool" and make them feel like they are the victim. I wonder how many on that jury were business owners, product manufacturers or anyone one else who would understand the consequences of such a ridiculous award. Quote Link to comment Share on other sites More sharing options...
Leo Posted February 20, 2009 Report Share Posted February 20, 2009 The award amount is meaningless if the money isn't there. Is Ol'Man treestand company a company whose total assets and insurance that's worth over 157 million??? I seriously doubt it. Honestly, the plaintiff may never see one cent of this award. If the stand did indeed fail due to faulty design or manufacture, I believe she is due something. A big award and nothing to show for it. Ask yourself honestly, is that fair? Quote Link to comment Share on other sites More sharing options...
Mirage Posted February 20, 2009 Report Share Posted February 20, 2009 you can't put a dollar value on a life. simple as that. so, you can do a reasonable dollar amount calculation. let me do one for you. let's say you are 30 years old, and last year you made 50 thousand dollars. if you die today, you will lose 35 years of income by not working, which is 1.75 million. now, that's the hard facts of your income. but, let's throw in some punishment for the manufacturer for killing you (couple million?) and some pain & suffering for your wife. add to that the fact that you have 4 kids who all need to go to college at 40 grand a year. so, we have 1.75 million in wages, 2 million in penalty, maybe another mil for the wife to console her, and another 800 thousand for the kids education. let's also pay off the $300,000 house for the family. there is the fair dollar amount for an award. i just don't see giving a lottery windfall to anyone for any accident. juries world wide make stupid awards to people, and hurt businesses. most just go bankrupt, ruining all they have done in the past. that is why i said we need tort reform. we need common sense awards given to folks. i won't even bring into this the matter of shared liability. id: was the stand in good shape when he used it and break, or did he not look at it and his kids had taken a few nuts & bolts off of it for their fort? things we'll never know. was he drinking? did he run over the stand with his car last year? did he even look it over before he used it? we'll never know. and now, it really isn't important. what's important is to assure that his wife & kids will not suffer financially, like they did with his loss. Ok Let me ask you this Steve have you ever been injured from a stand fall? And then had to deal witht the lawyers of said company? Then for them not to even show up for court? I find it to be a reasonable amount. As i said before there is NO amount of money you could give to someone for there father, husband, wife, grandfather...so on. I do also think that This company should not be allowed to manufacture stands if people die from a defective stand. qualityy control should be number one. now as far as tma certified sound like he was wearing a fall restraint because he hung to death. more then likely from hanging in his restraint to long. Oh and by the way yeah i broke my back last year when I fell from a DEFECTIVE ladder stand that folded up on me as i was desending, with my hunting partner holding the stand as described in the directions. the stand was two years old. And wehat i thought was a reputable company. So I kinda understand what the family is going through with this lawsuit. Quote Link to comment Share on other sites More sharing options...
pendog Posted February 20, 2009 Report Share Posted February 20, 2009 Ok Let me ask you this Steve have you ever been injured from a stand fall? And then had to deal witht the lawyers of said company? Then for them not to even show up for court? I find it to be a reasonable amount. As i said before there is NO amount of money you could give to someone for there father, husband, wife, grandfather...so on. I do also think that This company should not be allowed to manufacture stands if people die from a defective stand. qualityy control should be number one. now as far as tma certified sound like he was wearing a fall restraint because he hung to death. more then likely from hanging in his restraint to long. Oh and by the way yeah i broke my back last year when I fell from a DEFECTIVE ladder stand that folded up on me as i was desending, with my hunting partner holding the stand as described in the directions. the stand was two years old. And wehat i thought was a reputable company. So I kinda understand what the family is going through with this lawsuit. Mirage while i totally agree with your premise i disagree with how to get there. Th company should be punished if they are found to be at fault but to do it with money makes it all cheap in my opinion. There should be better ways in this country to do this kind of thing without making all of us sue happy. Some of the jury awards this country has handed out are plain nuts, The Gov. can close the plant for 6 months till they retool and fix the problem. That loss of revenue will make company's start to take serious their products, with this suit, more than likely they have insurance and they will not be hurt tooo much. Just my opinion:) Quote Link to comment Share on other sites More sharing options...
Mirage Posted February 20, 2009 Report Share Posted February 20, 2009 I am sure they have insurance, And i do see how it hurts the hunting industry. I just am a little sad to know that a persons life can be put to dollars, as I know all too well. When my father inlaw died from asbetos cancer they put a figure on his life and that felt cheap. To say well he made x and would have lived for x years and he had three kids that are almost 18 blah blah blah. that makes you a little unhappy t o hear that his life is worth x then after 11 years in litagation here is your cut. I dont think this lady will ever get What is legaly owed to her but some how the company that changed her life forever should be held accountable dont you think and If they cant even show up for court well maybe the jury was punishing them for that as well. I am sure the insurance company was aware of the trial. to think they were not says to me that they are taking the stance of thats not our resposnsablity and if we show up for court they could make it our responsibliity...sorry about the spelling guys Quote Link to comment Share on other sites More sharing options...
Adjam5 Posted February 20, 2009 Report Share Posted February 20, 2009 There has to be more to the story than what was printed. Do you honestly think that a company that had its future on the line, would knowingly NOT show up for a case where damages awarded could close the company? I think not. Sad story indeed and NO price can be put on the loss of a loved one. As much as we may hate for a price to be come to for the loss of life, bottom line... That is the way our court system works. It happens everyday. Tort reform is in order. Quote Link to comment Share on other sites More sharing options...
wtnhunt Posted February 20, 2009 Report Share Posted February 20, 2009 I am sure they have insurance, And i do see how it hurts the hunting industry. I just am a little sad to know that a persons life can be put to dollars, as I know all too well. When my father inlaw died from asbetos cancer they put a figure on his life and that felt cheap. To say well he made x and would have lived for x years and he had three kids that are almost 18 blah blah blah. that makes you a little unhappy t o hear that his life is worth x then after 11 years in litagation here is your cut. I dont think this lady will ever get What is legaly owed to her but some how the company that changed her life forever should be held accountable dont you think and If they cant even show up for court well maybe the jury was punishing them for that as well. I am sure the insurance company was aware of the trial. to think they were not says to me that they are taking the stance of thats not our resposnsablity and if we show up for court they could make it our responsibliity...sorry about the spelling guys Most of us would agree with the part I quoted in bold and most can probably relate in one way or another. In my opinion it is not that the lawyers asked for an excessive amount that I have as much of a problem with as it is the jury's decision to go beyond the amount that was asked for. What is their point in exceeding the amount? As far as it hurting the industry, ask yourself if frivilous or excessive lawsuit awards hurt other industries. Bankrupting a company like this will certainly not help the industry or the economy, got to think with that in mind, it probably does not really help us either. When stuff like this happens, those insurers of those companies will probably have no choice but to raise rates just like with other types of insurance, and guess who pays for it in the long run. Sad situation all the way around. Quote Link to comment Share on other sites More sharing options...
Mirage Posted February 20, 2009 Report Share Posted February 20, 2009 Most of us would agree with the part I quoted in bold and most can probably relate in one way or another. In my opinion it is not that the lawyers asked for an excessive amount that I have as much of a problem with as it is the jury's decision to go beyond the amount that was asked for. What is their point in exceeding the amount? As far as it hurting the industry, ask yourself if frivilous or excessive lawsuit awards hurt other industries. Bankrupting a company like this will certainly not help the industry or the economy, got to think with that in mind, it probably does not really help us either. When stuff like this happens, those insurers of those companies will probably have no choice but to raise rates just like with other types of insurance, and guess who pays for it in the long run. Sad situation all the way around. I did say how i understand how it hurts the indutry. So if it hurt the industry as i am sure it does , Two wrongs dont make it right. As i mentioned I am sure the insurance company is or was in the know. Now maybe the insurance company had them on warning and said hey we will not be liable for the said defective stands because of a flaw and the company continued to manufacture instead of taking a loss and redesign or change. make you wonder if they where gambling with the odds and knew about the problem. i am sure thats how the lawyers told it to the jury. Quote Link to comment Share on other sites More sharing options...
bluelund79 Posted February 20, 2009 Report Share Posted February 20, 2009 First and foremost, condolences to the family. Secondly-shame on the jury for the "award". Should there be some type of "award" yes, that amount, no! Seems sad that there wasn't any representation for the companies involved, that might have been part of the reason for the amount of the decision as well. Quote Link to comment Share on other sites More sharing options...
Illinois59 Posted February 20, 2009 Report Share Posted February 20, 2009 I dont think this lady will ever get What is legaly owed to her but some how the company that changed her life forever should be held accountable dont you think? Once again the company did not change her life or her husbands life. If you leave the ground you better have a plan to get down in case the stand fails. It doesnt matter if the stand is built by NASA. Always leave yourself an escape mechanism. As much as we dont like it things break, things fail. It happens everyday and it happened to that stand. It's called inherent risk. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.