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Seriously Messed Up Laws


Subdeacon Joe

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Hell, this is America. You can sue anybody for anything. Doesn’t mean you’ll collect a dime.

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1 minute ago, Utah Bob #35998 said:

Hell, this is America. You can sue anybody for anything. Doesn’t mean you’ll collect a dime.

 

True.  But to make the owner of a car liable no matter who is driving it is messed up.  

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Why a Jeep owner is sued after dealership employee was killed during oil change

 

It would kill me too if somebody tried to drain the oil out of me. 

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1 hour ago, Sundog said:

 

It would kill me too if somebody tried to drain the oil out of me. 

If that was me getting sued I'd try to hire some ambitious young attorney and sue everybody involved in creating that Jeep from the miners who got the ore out of the ground, to the manufacturer to the ad agency and media pukes who coaxed my into buying it to the company who produced the paint, the petroleum companies, the manufacturers of the glass, rubber and anything else connected with it.  That should also included every politician who was instrumental in getting these stupid CS laws passed.  All of these people and companies contributed to my anxiety, PTSD, lack of sleep, a high blood pressure and dietary discomfort, loss of sex drive, falling hair, etc.

 

Bound to be someone who'd cave in and pay a ton to get me out of their hair.

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At this age and health, vigilante comes to mind.:ph34r:

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2 hours ago, Rye Miles #13621 said:

Is this only Michigan law? 

I certainly hope so.

 

I have twice borrowed someone else's truck. Two different people.

 

And several years ago, when I went out of town, I let this young lady drive my Bronco for 2 weeks, in exchange for her coming by and feeding and draining my dog.

 

It would truly suck if my stupidity would got either of my two friends in trouble, or if her stupidity would get me in trouble. It's bad enough if I wrecked someone else's car. But to have them get sued for my lousy driving?

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LOL

 

Land of Lawyers

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I have my doubts about the story, though I know nothing of Michigan law. But I practiced here for 44 years and defended many an auto accident case.

 

Inability to sue the co-worker or employer is the usual situation; it's a workers-comp case and most such systems eliminate liability to the employer or coworker outside the comp system. 

 

You can usually sue a third party, if there is a basis of liability. My state, as many others, has statutes that provide a vehicle owner is putatively liable for the use of his car, but this usually creates only a rebuttable presumption which is easily defeated, as it would be here in this state. In the situation in the story, that would be easy and straightforward.

 

Michigan can pass any laws it wants. Ok by me. But I'd hazard just a guess that it's not quite like the article says. These sorts of articles I always take with a huge grain of salt. They are just designed to rile people up. Seems to have worked....

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28 minutes ago, Cheyenne Ranger, 48747L said:

 

we never have had our cats drained; maybe just a dog thing 

 

9 minutes ago, Subdeacon Joe said:

 

Or an Alpo thing.  :D

Cats don't need to go out to be drained.

 

They pee in the kitchen.

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2 minutes ago, Alpo said:

 

 

Cats don't need to go out to be drained.

 

They pee in the kitchen.

Dogs will pee in the kitchen also if you don’t let them out , some may even if you do 

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"He starts the engine, removes the clutch, and then a terrible thing happened - the car lunched and killed my client," said attorney David Femminineo.

 

I don't think I'd be lettin' Attorney Femminineo drive MY car.   :huh:

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I’ve heard of some weird ones here in Mi , but never this . Some of our no fault car insurance laws are pretty screwed up , but I wouldn’t think that would have anything to do with this . I know if I’m driving my insurance is supposed to take care of me and the other person’s insurance is supposed to take care of them . Also if I’m driving someone else’s car my insurance is buying. Maybe it has something to do with the kid not having a DL ? All the legal wrangling aside it sure seems like the kids and car dealerships responsibility. Guessing they are going after the car owners insurance co , I don’t see the average Jeep owner being able to cough up 15 mil , maybe a deep pockets thing ? 

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I've been out of the insurance business a long time, but in my day the vehicle owner bore responsibility for the permissive user's legal & responsible nature; i.e. be careful who you lend your vehicle to.  And yes - everybody in the food chain can and probably will be sued.

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On 5/6/2022 at 12:46 PM, Buckshot Bob said:

Dogs will pee in the kitchen also if you don’t let them out , some may even if you do 

Mini Dachshunds when the ground is wet.  Over the years I have had 4 females & every one of them would fake pee when they were put out after it rained.  After they were let back in the go in a room where you weren't and wet the carpet.

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On 5/6/2022 at 1:56 PM, MizPete said:

I've been out of the insurance business a long time, but in my day the vehicle owner bore responsibility for the permissive user's legal & responsible nature; i.e. be careful who you lend your vehicle to.  And yes - everybody in the food chain can and probably will be sued.

 

"Permissive use" is an auto insurance term and concept, not a tort liability concept. 

Most auto policies provide that a permissive user of your car is covered for liability under your insurance policy.

 

This does not mean that giving permission to use your car makes you liable for the negligent driving of the user; it means that the user will be covered under your policy. As an example, if your neighbor's car is busted, and he borrows your car to go to the grocery store to get his family's groceries, and runs a red light and injures somebody, you won't be liable for his negligence, but the insurance policy on your car (i.e., your insurance), will cover him for the accident. And it will be primary before his own auto policy.

 

Of course, this is most places. It's important to distinguish between liability concepts and issues, and insurance concepts and issues. They are not the same.

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Oh, don’t worry. Once the legislature figures out the law is in need of updating they’ll take care of it. That’s what happens in California and look at the Utopia of freedom we have here now. :blink:

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In California an owner can be liable for the actions of a negligent permissive user but, barring extraordinary circumstances, is only liable up to the minimum amount of insurance one is legally required to maintain.  
 

Seamus

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