Unjustified litigation.....

**almostgone** · 03-29-2019, 05:06 AM

This post isn't based on party affiliations, if it had been a Republican or Libertarian, I would still feel the same way.
Also, I do hate that former Senator Harry Reid has been ill, I wouldn't wish that on anyone.

With that being said, I feel this lawsuit is extremely frivolous and the issue here is consumer negligence.

https://www.foxnews.com/politics/for...rly-retirement

Again, I do hate that the man has had to deal with so many health concerns and hope he recovers quickly.

Edit: I'll just add that my wife and I have both used Therabands for rehab, but we've never attached the bands to the handle of a door, much less a glass door.

**Capebuffalo** · 03-29-2019, 05:22 AM

Karmas a bitch. That is all I can say.

**tarmyg** · 03-29-2019, 06:00 AM

AG,

Not sure I understand. It states "a metal handle on a glass door while performing an exercise routine before losing his grip." Did he lose the grip or the way it was tied up came lose?

**almostgone** · 03-29-2019, 06:01 AM

Originally Posted by Capebuffalo

Karmas a bitch. That is all I can say.

Yes sir, it can be. I feel very sorry for the man and his illness and injury, but don't feel this is a justified lawsuit.

**almostgone** · 03-29-2019, 06:03 AM

Originally Posted by tarmyg

AG,

Not sure I understand. It states "a metal handle on a glass door while performing an exercise routine before losing his grip." Did he lose the grip or the way it was tied up came lose?

From the way I'm reading/comprehending it, he lost his grip. I think he had looped the Theraband through the handle of a glass door.

Feel really bad for the man, but don't think the manufacturer of the bands is at fault.

**tarmyg** · 03-29-2019, 06:15 AM

Originally Posted by almostgone

From the way I'm reading/comprehending it, he lost his grip. I think he had looped the Theraband through the handle of a glass door.

Feel really bad for the man, but don't think the manufacturer of the bands is at fault.

That's the way I'm reading it to. That would be a weird lawsuit but seen worse. In case he wins I got a few things I lost grip on I'll file for, lol.

**Capebuffalo** · 03-29-2019, 06:17 AM

Surprised he’s not suing Trump and calling the band racist.

**GirlyGymRat** · 03-29-2019, 06:24 AM

**GirlyGymRat** · 03-29-2019, 06:31 AM

On a related note, called to perform my civic duty on felony. It was during this experience I realized how STUPID some people are....

....and I NEVER want my freedom determined by a jury of my peers!

**almostgone** · 03-29-2019, 07:25 AM

Originally Posted by GirlyGymRat

On a related note, called to perform my civic duty on felony. It was during this experience I realized how STUPID some people are....

....and I NEVER want my freedom determined by a jury of my peers!

Same here! I cracked a crown the last time I had jury duty; it was ridiculous.

**almostgone** · 03-29-2019, 08:25 AM

Originally Posted by cylon357

That's how I read it, too. Like damn fella, that's on you. You ever heard of 'personal responsibility'? Don't understand super basic, rubber band physics? You must be that special kind of 'uninformed'.

The glass door part seems irrelevant. Not sure why that was mentioned. It could have been tied to a bed post, door knob or Winnie the friggin' Pooh and his grip still would have failed.

Maybe I should stop using lifting straps for heavy deads? Nah!

IMO, about the only relevance of the glass door was to show a further lack of thinking things through?
Since he was in a bathroom, I'm guessing it was like a swinging glass door to enter a shower or a sliding glass door to enter a shower? Either way, if the glass door had come unlatched or out of track he probably would have sustained even more injury.

**kelkel** · 03-29-2019, 08:46 AM

I laughed at the line "it cut his career short" or something like that. That's the problem with government, they get in there and never leave.

**bullshark99** · 03-29-2019, 09:32 AM

Sad....Always has to be somebodys fault...

**Obs** · 03-29-2019, 09:07 PM

Originally Posted by GirlyGymRat

On a related note, called to perform my civic duty on felony. It was during this experience I realized how STUPID some people are....

....and I NEVER want my freedom determined by a jury of my peers!

Most people have no clue how a felony or multiple felonies can be spun out of thin air. If the defendant didnt take a plea deal offered by the prosecutor it means one of three things.

#1 the defendant is innocent and has balls of steel.
#2 the prosecutor hates the defendant and gave little of a plea deal.
#3 the charges are class A or B felony and the defendant has no way of being exhonerated so no plea deal was given.

Once the system has you it grinds until you are ruined. You are guilty until proven innocent and thats why bail starts at $25k.

I have been here for three years before I rid myself of it. It made me a lot harder but it took a peace I will never get back. When stress is high I am ok, when everything is calm I start getting destructive tendancies and suicidal thoughts. Its like an adrenaline addiction but internal chaos is the addiction.

I spent most of my life immediately judging, just like everyone else who sees a news story (where details are left out) about someone who is accused of a crime.
"Fry the bastard," mentality.

When you take a bunch of jurors who really have no clue what the system does or the way charges are twisted and amended and give them someones fate...

People are terrible judges.

**Proximal** · 03-29-2019, 10:11 PM

Interested to see the instructions that came with the product. And, to see who (if anyone) advised that he buy & use this product (if it was a medical professional, they should be held liable. Yeah, they are supposed to foresee anything & everything) and go from there.

Can’t you sue Starbucks if your coffee is too hot?

**EDCG19** · 03-30-2019, 02:32 AM

Originally Posted by Obs

Once the system has you it grinds until you are ruined. You are guilty until proven innocent and thats why bail starts at $25k.

I have been here for three years before I rid myself of it. It made me a lot harder but it took a peace I will never get back. When stress is high I am ok, when everything is calm I start getting destructive tendancies and suicidal thoughts. Its like an adrenaline addiction but internal chaos is the addiction.

Why do you think this is the case?
I'm pretty much the same and its almost like you at a certain point are addicted to pain and being stationary and not stressed out about something you just have to find things to dislike and stress out about just to feel like its your normal flow in life

Is it an addiction or brain pattern/daily life learned behavior that keeps us going? What is it..

**Butcher78** · 03-30-2019, 07:00 AM

Know that politicians are the scum of the earth. Sen. Reid probably read through Theraband's manual and found some areas of opportunity to file a case if something like this happened. All these politicians are attorneys and can't be trusted. Who the hell puts any type exercise equipment on a glass door.

TRUMP2020

**almostgone** · 03-30-2019, 07:15 AM

Originally Posted by Proximal

Interested to see the instructions that came with the product. And, to see who (if anyone) advised that he buy & use this product (if it was a medical professional, they should be held liable. Yeah, they are supposed to foresee anything & everything) and go from there.

Can’t you sue Starbucks if your coffee is too hot?

From the article:

The lawyer cited logs from the Office of Attending Physician to point out that congressional exercise advisers tried for months to teach Reid how to improve his technique while using the resistance bands at his doctors’ request, the Washington Times reported.

**Proximal** · 03-30-2019, 10:41 AM

Originally Posted by almostgone

From the article:

The lawyer cited logs from the Office of Attending Physician to point out that congressional exercise advisers tried for months to teach Reid how to improve his technique while using the resistance bands at his doctors’ request, the Washington Times reported.

Showed this to the wife last night (we are both PT’s). Malpractice insurance is a part of life because of how litigious society in general is. When you are a large organization you don’t even let stuff like this go to court, you settle, even if it is ridiculous (and of course those doing the suing generally know this). So although this sounds utterly ridiculous, it’s just part of the game.

If I had to venture a guess, the only possible reason that someone would attach theraband to a shower door would be to work on external rotation of the shoulder. Due to his age, I’m guessing it was a low resistance band so the tension would not easily open the door. Perhaps he also had other issues regarding his balance (at 60 I am familiar with these unfortunately).

Maybe he was barefooted, maybe there was water and he lost his balance. Perhaps he thought the theraband was intended to help maintain his balance (I am just guessing here) & that is the basis for his suit.

Unless the (LMAO on this classification) “congressional exercise advisers” were credentialed and referred by a physician to treat him, I could see them being off the hook. However, the theraband company if push came to shove and they really want to pursue this could and should point the finger at the physician and those advisors and claim that they were at fault due to their lack of instruction.

**Beetlegeuse** · 03-30-2019, 12:07 PM

Lawyers in the US were prohibited by law from advertising until 1976. Then SCOTUS ruled it was unconstitutional to prohibit one profession from advertising.

At the time Chief Justice Burger remarked that he “We may well be on our way to a society overrun by hordes of lawyers, hungry as locusts, and brigades of judges in numbers never before contemplated.” Since that ruling, the number of civil litigation lawyers has grown at six times (6x) the rate of the general population.

Combine that with a society where people (jurors) are so gullible that they'll award damages to a woman because she didn't know the coffee was hot and you've got the makings of a perfect storm.

And the bizarre bit is that a simple single change in the law (tort reform) would bring the vast majority of the frivolous lawsuits to an end.

Loser pays.

Whoever looses the suit pays everybody's expenses.

But don't hold your breath because about 36% of the leeches in the current US Senate and House of Representatives also are credentialed lawyers, and damn few of them will put national interest over self interest.

**Proximal** · 03-30-2019, 12:29 PM

This is all theoretical of course:

Have treated patients who make a living out of getting in car accidents, losing their balance on a “bumpy” elevator or escalator, or “slipping” on “slippery” store floors.

A practice (one of a chain) dedicated to workman’s comp injuries that easily saw over a hundred patients a day. They were seen by (3-4) P..T. Aides who were paid minimal wage. Of course the “patients” were charged full price at easily 300-500 dollars each. My job (if I stuck around, which I wouldn’t), would be to sign their PT charts, which then makes the treatment legit. For that, 6 figures (25 years ago). If I were to oversee more clinics and sign more charts, the sky was the limit.

Read another article on this; the situation and this guy in particular is a discrace.