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	<title>Comments on: At the Intersection of “Dad” and “Law Student.”</title>
	<atom:link href="http://fightthehypo.com/2009/11/15/at-the-intersection-of-%e2%80%9cdad%e2%80%9d-and-%e2%80%9claw-student-%e2%80%9d/feed/" rel="self" type="application/rss+xml" />
	<link>http://fightthehypo.com/2009/11/15/at-the-intersection-of-%e2%80%9cdad%e2%80%9d-and-%e2%80%9claw-student-%e2%80%9d/</link>
	<description>a law student blog written by students at the catholic university of america, columbus school of law ::fighting the hypo, so you don&#039;t have to::</description>
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		<title>By: Dr. Bombay</title>
		<link>http://fightthehypo.com/2009/11/15/at-the-intersection-of-%e2%80%9cdad%e2%80%9d-and-%e2%80%9claw-student-%e2%80%9d/comment-page-1/#comment-1328</link>
		<dc:creator>Dr. Bombay</dc:creator>
		<pubDate>Mon, 16 Nov 2009 23:44:17 +0000</pubDate>
		<guid isPermaLink="false">http://fightthehypo.com/?p=911#comment-1328</guid>
		<description>His running a charter boat service seems proof positive that he has been able to marshal his skills far better than you or I. None of which changes the facts that MacLaren’s goose is probably cooked for putting a Slap Chop ® on the side of its prams.</description>
		<content:encoded><![CDATA[<p>His running a charter boat service seems proof positive that he has been able to marshal his skills far better than you or I. None of which changes the facts that MacLaren’s goose is probably cooked for putting a Slap Chop ® on the side of its prams.</p>
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		<title>By: Jorge</title>
		<link>http://fightthehypo.com/2009/11/15/at-the-intersection-of-%e2%80%9cdad%e2%80%9d-and-%e2%80%9claw-student-%e2%80%9d/comment-page-1/#comment-1327</link>
		<dc:creator>Jorge</dc:creator>
		<pubDate>Mon, 16 Nov 2009 21:22:13 +0000</pubDate>
		<guid isPermaLink="false">http://fightthehypo.com/?p=911#comment-1327</guid>
		<description>Nay I say.  There is no disdain for nobles such as these.   

But I would challenge his status as an expert witness in a 2007 trial, given he left the Commission in 2005, and given he now runs a charter marine service.</description>
		<content:encoded><![CDATA[<p>Nay I say.  There is no disdain for nobles such as these.   </p>
<p>But I would challenge his status as an expert witness in a 2007 trial, given he left the Commission in 2005, and given he now runs a charter marine service.</p>
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	<item>
		<title>By: Dr. Bombay</title>
		<link>http://fightthehypo.com/2009/11/15/at-the-intersection-of-%e2%80%9cdad%e2%80%9d-and-%e2%80%9claw-student-%e2%80%9d/comment-page-1/#comment-1325</link>
		<dc:creator>Dr. Bombay</dc:creator>
		<pubDate>Mon, 16 Nov 2009 19:56:31 +0000</pubDate>
		<guid isPermaLink="false">http://fightthehypo.com/?p=911#comment-1325</guid>
		<description>From Wikipedia:

An ad hominem argument, also known as argumentum ad hominem (Latin: &quot;argument to the person&quot; or &quot;argument against the person&quot;) is an argument which links the validity of a premise to a irrelevent characteristic or belief of a and person advocating the premise.

Shame on you for your distain for the noble charter boat captains among us.</description>
		<content:encoded><![CDATA[<p>From Wikipedia:</p>
<p>An ad hominem argument, also known as argumentum ad hominem (Latin: &#8220;argument to the person&#8221; or &#8220;argument against the person&#8221;) is an argument which links the validity of a premise to a irrelevent characteristic or belief of a and person advocating the premise.</p>
<p>Shame on you for your distain for the noble charter boat captains among us.</p>
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		<title>By: Jorge</title>
		<link>http://fightthehypo.com/2009/11/15/at-the-intersection-of-%e2%80%9cdad%e2%80%9d-and-%e2%80%9claw-student-%e2%80%9d/comment-page-1/#comment-1324</link>
		<dc:creator>Jorge</dc:creator>
		<pubDate>Mon, 16 Nov 2009 18:25:11 +0000</pubDate>
		<guid isPermaLink="false">http://fightthehypo.com/?p=911#comment-1324</guid>
		<description>Ohhhhh!  You mean &lt;a href=&quot;http://www.captainmoro.com/images/bio.htm&quot; target=&quot;_blank&quot; rel=&quot;nofollow&quot;&gt;Robert Moro of Capt. Moro, LLC&lt;/a&gt;?

I feel convinced now that our expert witness is completely credible.  Keep looking...</description>
		<content:encoded><![CDATA[<p>Ohhhhh!  You mean <a href="http://www.captainmoro.com/images/bio.htm" target="_blank" rel="nofollow">Robert Moro of Capt. Moro, LLC</a>?</p>
<p>I feel convinced now that our expert witness is completely credible.  Keep looking&#8230;</p>
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	<item>
		<title>By: Dr. Bombay</title>
		<link>http://fightthehypo.com/2009/11/15/at-the-intersection-of-%e2%80%9cdad%e2%80%9d-and-%e2%80%9claw-student-%e2%80%9d/comment-page-1/#comment-1322</link>
		<dc:creator>Dr. Bombay</dc:creator>
		<pubDate>Mon, 16 Nov 2009 16:59:24 +0000</pubDate>
		<guid isPermaLink="false">http://fightthehypo.com/?p=911#comment-1322</guid>
		<description>Certainly, parents are required to apply a reasonable standard of care when managing their little ones. If you let your 3 year old carve the turkey, the consequences are on you. This case is a little different.  Almost unimaginably, I turn to the New York &lt;em&gt;Post &lt;/em&gt;for a quote:

&lt;blockquote&gt;&quot;Companies are required by federal law to &quot;report to CPSC immediately on learning of a problem with a product that makes it a substantial hazard or poses a potential hazard,&quot; commission spokesman Scott Wolfson said.&quot; &lt;/blockquote&gt;

Fair enough. A legal obligation imposed upon manufacturers of consumer goods.  So when did MacLaren discover this design flaw?

&lt;blockquote&gt;&quot;The company has known the stroller hinges could become finger guillotines since at least July 12, 2004, when 23-month-old Connecticut toddler Carlos DeWinter lost his right pinky, according to court papers obtained by The Post.&quot;&lt;/blockquote&gt;

So they knew about the design flaw for at least 5 years and didn’t make a modification. This does not  undermine your point about parental responsibility.  Except, as the DeWinter case points out, this thing was like a machine press:

&lt;blockquote&gt;&quot;His mother, Jane DeWinter, was shopping for a Maclaren Triumph stroller at a Right Start shop near her Greenwich home, and she was testing the one-handed folding and unfolding mechanism. . .
As she was about to lock the stroller into the open position, Carlos put his finger on the hinge, and he suffered a &quot;traumatic amputation,&quot; the court papers said.&quot;&lt;/blockquote&gt;

This is not a case where a kid had one bad day after multiple uses, or that the hinge failed over time. No, this thing gave poor Master DeWinter the chop while his mother was shopping for it. 

If a known design flaw and failure to comply with a federal relagtion are not enough to attach liability, how about failure to design the hinge in conformity with Federal standards? 

&lt;blockquote&gt;Robert Moro, an engineer and former compliance officer with the Consumer Products Safety Commission, testified in 2007 that &quot;this stroller contains a substantial design defect when compared to other types of designs of strollers intended to be used by children.&quot; 

The way the stroller was designed and manufactured in China violated federal guidelines intended to prevent a gruesome &quot;scissoring effect,&quot; Moro said.&lt;/blockquote&gt;

</description>
		<content:encoded><![CDATA[<p>Certainly, parents are required to apply a reasonable standard of care when managing their little ones. If you let your 3 year old carve the turkey, the consequences are on you. This case is a little different.  Almost unimaginably, I turn to the New York <em>Post </em>for a quote:</p>
<blockquote><p>&#8220;Companies are required by federal law to &#8220;report to CPSC immediately on learning of a problem with a product that makes it a substantial hazard or poses a potential hazard,&#8221; commission spokesman Scott Wolfson said.&#8221; </p></blockquote>
<p>Fair enough. A legal obligation imposed upon manufacturers of consumer goods.  So when did MacLaren discover this design flaw?</p>
<blockquote><p>&#8220;The company has known the stroller hinges could become finger guillotines since at least July 12, 2004, when 23-month-old Connecticut toddler Carlos DeWinter lost his right pinky, according to court papers obtained by The Post.&#8221;</p></blockquote>
<p>So they knew about the design flaw for at least 5 years and didn’t make a modification. This does not  undermine your point about parental responsibility.  Except, as the DeWinter case points out, this thing was like a machine press:</p>
<blockquote><p>&#8220;His mother, Jane DeWinter, was shopping for a Maclaren Triumph stroller at a Right Start shop near her Greenwich home, and she was testing the one-handed folding and unfolding mechanism. . .<br />
As she was about to lock the stroller into the open position, Carlos put his finger on the hinge, and he suffered a &#8220;traumatic amputation,&#8221; the court papers said.&#8221;</p></blockquote>
<p>This is not a case where a kid had one bad day after multiple uses, or that the hinge failed over time. No, this thing gave poor Master DeWinter the chop while his mother was shopping for it. </p>
<p>If a known design flaw and failure to comply with a federal relagtion are not enough to attach liability, how about failure to design the hinge in conformity with Federal standards? </p>
<blockquote><p>Robert Moro, an engineer and former compliance officer with the Consumer Products Safety Commission, testified in 2007 that &#8220;this stroller contains a substantial design defect when compared to other types of designs of strollers intended to be used by children.&#8221; </p>
<p>The way the stroller was designed and manufactured in China violated federal guidelines intended to prevent a gruesome &#8220;scissoring effect,&#8221; Moro said.</p></blockquote>
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		<title>By: Jorge</title>
		<link>http://fightthehypo.com/2009/11/15/at-the-intersection-of-%e2%80%9cdad%e2%80%9d-and-%e2%80%9claw-student-%e2%80%9d/comment-page-1/#comment-1320</link>
		<dc:creator>Jorge</dc:creator>
		<pubDate>Mon, 16 Nov 2009 14:51:51 +0000</pubDate>
		<guid isPermaLink="false">http://fightthehypo.com/?p=911#comment-1320</guid>
		<description>Parent should be more careful - know where your child is at all times.  What&#039;s next, suing GM when I slam my child&#039;s finger in the car door?  GM is probably aware of this risk.  I will have to read my auto manual to see if there is a warning to keep my child&#039;s fingers away from the car door when closing it.  Many products pose risks when used improperly.</description>
		<content:encoded><![CDATA[<p>Parent should be more careful &#8211; know where your child is at all times.  What&#8217;s next, suing GM when I slam my child&#8217;s finger in the car door?  GM is probably aware of this risk.  I will have to read my auto manual to see if there is a warning to keep my child&#8217;s fingers away from the car door when closing it.  Many products pose risks when used improperly.</p>
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