Re: T&R Electric -A Fix ??

["Tesla list" <tesla-at-pupman-dot-com>]

Original poster: "Malcolm Watts by way of Terry Fritz <teslalist-at-qwest-dot-net>" <m.j.watts-at-massey.ac.nz>

Hi All,
         Greg asked me to comment on the (absence of) tort law in this
country so here's a brief piece:

On 4 Aug 2003, at 21:50, Tesla list wrote:

 > Original poster: "Dr. Resonance by way of Terry Fritz 
<teslalist-at-qwest-dot-net>" <resonance-at-jvlnet-dot-com>
 >
 >
 > What occurs in many of these situations is it produces the same culprit:
 > the insurance company and their lawyers.
 >
 > If you slip and fall down at your friend's home you don't sue him but you
 > turn in an insurance claim to pay your expensive medical bills.  The ins.
 > company and their lawyers file the lawsuit, and, even if you are not at
 > fault, you need to hire a good trial defense attorney --- and the price
 > usually starts around $225/hr.  It will cost you $10,000.00 just to prove
 > you are innocent even if you are totally not at fault.
 >
 > I went through this curve once on a boating accident.  The girl was drinking
 > (not even my beer -- a friends), she fell down, and it cost me $9,500.00 to
 > shed this problem.

What will actually happen in NZ in this situation is that
compensation and medical expenses can be claimed from a central fund
topped up by various levies/taxes for accidents of any kind. The
citizens of NZ gave up the right to sue in exchange for a no-faults
accident compensation scheme. The benefits - a much more smoothly
running society where you don't have to be wealthy or made bankrupt
to defend yourself. The major drawback - the legislation is not as
immutable as constitutional rights and may be subject to
modification/attack and attempts to turn it into a privately run
"insurance" scheme (which would take all rights from citizens and
very nearly happened a few years ago) by mean-minded politicians with
short memories.

      The other thing that would happen in the situation above is that
OSH would most likely be around to inspect and "recommend" remedies
to the "dangerous situation".

Malcolm

 > T&R's attorneys have wisely advised them not to sell pole xmfrs for
 > non-power company use.  At least they are on a 20 ft. high pole and not
 > readily accessible for accidents to occur.
 >
 > I'm certainly not saying I like this approach but it is wise from a business
 > point of view.
 >
 > We don't sell pole xmfrs to anyone under the age of 21.
 >
 > Dr. Resonance
 >
 > Resonance Research Corporation
 > E11870 Shadylane Rd.
 > Baraboo   WI   53913
 >
 >  > I would imagine that to write such a "purchase agreement" in
 >  > terms and wording that would suffice for use in all 50 states
 >  > would probably require the services of an attorney-at-law :^)
 >  > Who's willing to shell out the bucks to cover the exhorbitant
 >  > fees that such a professional would charge for this service?
 >
 >
 >