4 ms·

Are you an attorney or judge?

• loco5niner 3y ago
  He's suggesting that everyday people should just use their noggin, and that's basically what the terms are saying too.
  • 7e 3y ago
    That’s a presumptuous statement. The crash occurred at night in very poor weather. It was likely impossible to see the missing half of the bridge under those conditions. Everyone already uses common sense. That’s why it’s called common sense. Negligence is something else, and we can’t blame the victim without hearing all the facts here.
    • WalterBright 3y ago
      > impossible to see the missing half of the bridge If you can't see the road ahead as far as your stopping distance, you are negligent. If you are not watching the road ahead, you are negligent.
      • Retric 3y ago
        Headlights let you see objects on the road in time to stop, but don’t necessarily allow you to distinguish holes. If that’s the standard then driving at night is reckless behavior.
        • WalterBright 3y ago
          I stand by what I wrote. If you are overdriving your headlights, you are driving negligently. You're the driver, you are responsible for looking where you're going. No ifs, ands, or buts about it.
          • Retric 3y ago
            I agree overdriving your headlights is reckless, however remaining stationary isn’t enough to distinguish one black void from another. This is a function of the limits on vision not speed.
            • eggy 3y ago
              Which is why the municipality should be liable for not properly closing off the road well before the bridge crossing, and putting a big, red and white reflective striped fence several feet before the edge visible from a distance after the road closing as a second barrier/sighted warning.
              • Retric 3y ago
                In theory absolutely, but that doesn’t mean you can actually sue. “In United States law, state, federal and tribal governments generally enjoy immunity from lawsuits.[48] Local governments typically enjoy immunity from some forms of suit, particularly in tort.” https://en.wikipedia.org/wiki/Sovereign_immunity https://en.wikipedia.org/wiki/Sovereign_immunity
            • WalterBright 3y ago
              If you can't see, pull over. This isn't rocket science.
              • Retric 3y ago
                If you ever drive at night then you’re discarding your own advice here.
                • WalterBright 3y ago
                  Not at all. I slow down when I can't be sure of the road ahead.
                  • 3y ago
  • notacoward 3y ago
    Yes, everyday people should use their noggins, but there are things that go beyond what those everyday people would expect and anyone who does those things can still be liable. Courts have upheld this "reasonable expectation" standard again and again and again, literally every day, and it's not hard to see why. If "use your noggin" was a foolproof defense, explicitly in the TOS or otherwise, companies literally couldn't be held liable for anything. That's clearly insane, so the line has to be drawn somewhere else and it has been drawn at reasonable expectation.
  • PeterisP 3y ago
    Terms&conditions are not law, and deciding whether 'terms clearly say X' actually implies 'X' (or if those are just empty words, as many clauses are) does take some legal knowledge.