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RE: Arcs off the fingers and getting killed in the process...
Point of info...
As one who has written and has had that writing checked by the Tandy legal
staff, let me comment about the use of "death" in your warnings.
I have written about the installation of TV, amateur radio and similar
antennas.
In that writing, I say (essentially) "if the antenna begins to fall, let it
go. It can contact high voltage wires. If you reach for it, you can get
killed." Now, I'm paraphrasing my own writing here (don't have the OM handy)
but the gist is that the manufacturer or distributor has the legal
obligation to point out the inherent danger of taking certain actions.
Also look at the yellow sticker on a RadioShack antenna. It says the same
thing.
But I'm not sure this is the proper platform for legal interpretations.
Ted aka "Perry Mason" of RadioShack
Subject: Re: Arcs off the fingers and getting killed in the process...
Original Poster: "Dr. Resonance" <Dr.Resonance-at-next-wave-dot-net>
to: Scott
Unfortunately, this won't work either. You definitely mentioned "death" in
your disclaimer. Legal beagles will argue if you were aware of "death"
possibility, then you should not have distributed the program (BTW -- an
excellent program).
You specifically want to avoid using the words "death or injury" in your
disclaimer.
Another example is when you visit a restraurant and they have a coat check
room. You check your coat and it gets handed out to someone else. The
restrauant owner tries to point to his "not responsible for any losses"
sign. From a legal point this is invalid as he charged you to check the
coat and therefore is responsible to not give it to someone else. Truth of
the matter he "is responsible", can be sued, and the party can "collect
damages". A good tort lawyer can even collect if the owner doesn't charge
you because a certain amount of responsibility is implied as he accepted
your coat. The only true solution here is just have a long series of hooks
and no person accepting coats. Everyone just hangs their own coat up and
picks it up themselves. If you don't physically "accept the material" you
are not liable for its safety.
Hope this helps you avoid any serious problems. Love your program.
Best regards,
Dr. Resonance
Subject: Re: Arcs off the fingers and getting killed in the process...
>Original Poster: Rscopper-at-aol-dot-com
>
>>From my web site....
>
>
>DISCLAIMER: I ...State Your Name...will not hold the WinTesla program
>responsible for my death from playing with high voltage devices, and I
>understand that WinTesla is only a tool, and that building a Tesla Coil is
>hard work (requiring lots of $$) and will probably not work the first time
>anyway - no matter what I do. AMEN
>
>What else can I say???
>
>BTW - with respect to science fair projects...
>
>I always reply to youngsters requesting plans - to go and find an adult
>mentor to help them with their project. I think it is irresponsible for a
>science teacher to let a student work on a dangerous project with no
>supervision.
>
>This topic should become an official paper somehow.
>
>R. Scott Coppersmith
>
>
>