3 ms·
> it's always the person who repaired who was blamed and not the company that manufactured the product (unless they gave faulty parts). Not always. See Brown v
by briandear 7y ago
> it's always the person who repaired who was blamed and not the company that manufactured the product (unless they gave faulty parts).
Not always. See Brown v. Quick Mix Co.
Under the doctrine of joint and several liability a plaintiff may pursue an obligation against any one party as if they were jointly liable. That means that if Apple were found even 0.05% responsible for a third party battery explosion (i.e. the metal out of which they made the phones is conducive to fragmenting in an explosion, or some other such legal gymnastics,) then The defendant could collect 100% of the damages from Apple — even though Apple. This means that the plaintiff could recover all of their damages even if Apple’s share of the liability were near zero.
It’s pretty clear that those that claim “it’s always the person that repaired who was blamed” — has never spent any time in a courtroom. That’s just outright false.
- AnthonyMouse 7y agoIn that case Apple should be in favor of a Right to Repair bill that explicitly absolves the OEM of any such liability for third party repairs, right?
- judge2020 7y agoI imagine not all state-driven right-to-repair laws will be as sensible as Apple would like.
- AnthonyMouse 7y agoHow is that any reason to oppose a sensible one?
- webmobdev 7y ago> It’s pretty clear that those that claim “it’s always the person that repaired who was blamed” — has never spent any time in a courtroom. That’s just outright false. And it is pretty clear that there will be always be some outlier, especially in civil cases.