Rivalarrival @ Rivalarrival @lemmy.today Posts 4Comments 4,175Joined 2 yr. ago
Patent vs latent defect. Any issue with the product that the customer could reasonably identify before suffering harm is the customer's responsibility to avoid. The vendor's liability here is the cost of the burger. The vendor is not liable for the harm arising from the customer's failure to look at the food they are about to eat.
The vendor is responsible only for harm caused by defects the customer could not reasonably avoid. Hiddent, latent defects.
If this is a case of subrogation, as I suspect, the customer acquired insurance coverage for the purpose (in part) of mitigating harm due to their own negligence. If this is the case, it is that insurance policy that is liable for the harm caused by the customer's failure to verify the burger met their requirements.
Yeah but isn't it a criminal act to poison
"Poison" implies someone deliberately intended to cause harm. Nothing has been presented to argue that someone deliberately intended harm.
I mean, if I was allergic, I wouldn't trust the restaurant either,
Exactly. This is what a reasonable, prudent person would do. If the customer had checked their order, they would have discovered the problem before any harm arose.
Which is why this guy's health insurance should simply cover this: simple negligence by the insured is not a valid justification for denying coverage.
It would be different if we were talking about something that the customer couldn't have verified. But the presence or absence of onions topping a burger is easily verified before consumption; the customer was not reliant on the restaurant to ensure their own safety. They had the ability to prevent this particular harm through a simple, reasonable action that they failed to perform.
IMO, that means their liability here is the cost of the burger. They would have been expected to replace the burger if the customer had checked.
But the real takeaway here is Fuck Health Insurance. If this is, indeed, subrogation as I suspect, we should be picketing an insurance executive.
He's pissed off Musk and now the Waltons. It's coming.
I doubt that he's the one actually suing. I suspect that the actual plaintiff is his health insurer.
So many of these frivolous lawsuits ultimately originate from the insurance industry.
I'm betting that this is subrogation: His health insurer doesn't want to pay his medical bills, so they are filing suit in his name.
I'm betting this is another example of subrogation..
I'd bet that this guy's health insurance refuses to pay out unless they can file suit in his name. The overwhelming majority of these bullshit lawsuits only exist because of scumbag insurers.
Remember that lady who sued her nephew? Her medical insurance refused to pay her medical bills unless they were allowed to sue the nephew's homeowner's insurance in her name.
Never attribute to the named plaintiff what is adequately explained by subrogation.
We use power-of-two denominators. 1/2, 1/4, 1/8, 1/16, 1/32. We don't use 1/3, 1/6, 1/9, 1/12, 1/5, 1/7.
We intrinsically know that 1/2 and 16/32 are equivalent; we would have to think about 3/6 or 6/12.
In taste tests, customers actually preferred A&W's burger to McDonald's,
If those taste tests are accurate, I'm guessing that individual stores could select their own suppliers, and didn't choose the suppliers used for the taste tests. Because every A&W burger I've had has been terrible. Completely inedible.
I would rather buy a quarter pounder from anywhere else than accept a free 1/3, 1/2, or 1lb A&W burger.
Americans rarely see 1/3. We typically only use binary fractions: halves, quarters, eighths, sixteenths. Occasionally, 32nds. Smaller than that, we use decimal.
This, exactly.
Anyone repeating this 1/4 vs 1/3 bullshit never had one of their 1/3lb burgers. They were fucking terrible. Sysco prison-grade burger patties, drowned in store-brand ketchup with a thin slice of "American"-flavored yellow #5.
Absolute worst burger I've ever had.
Growing up, A&W was for chili dogs and a big glass mug of rootbeer. Never order anything else; its always a fat sack of disappointment.
Trump will just do something outrageous and Biden's funeral will be about as memorable as his presidency.
Who?
Also:
BIDEN: Don't be Trump.
I want to kill people with my phone. Make it 4 times heavier, and give it a hickory handle.
Its not the first time. This is one rating from one credit reporting agency. We've lost AAA status with at least two others in the last 10 years or so.
Unpopular, maybe, but I agree with OP. When I finally counted up all the caffeine I was consuming, I found I was over 1500mg/day.
I switched to caffeine-free drinks the next day, and tapered down to 200mg in the mornings.
Apparently, I shouldn't try to explain this to people IRL.
You remind me of that one kid in class who was intelligent enough to realize the teacher forgot to assign homework, but lacked the wisdom to shut the hell up and walk out the door.
Yeah, the amount of fluoride you need is miniscule. There hasn't really been much of a need for fluoridated water since fluoridated toothpastes became common in the 1960s.
There's nothing wrong with fluoridated water, and anyone with teeth certainly needs fluoride. But toothpaste and mouthwash are more than sufficient sources.
We're finally able to start reducing that. Just last year, the FAA approved the use of unleaded aviation gasoline in all spark-ignition aircraft designed for 100-Low-Lead.
They've also fairly recently authorized compression-ignition ("diesel") engine swaps in some of the most popular piston-powered GA aircraft, allowing them to burn cheaper, more efficient jet fuel instead of gasoline.
Anyone know of any interesting, money-making hobbies or flexible gigs?