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Old October 6th, 2016, 06:38 PM   #24
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Join Date: Apr 2008
Location: Chicago, Near the Lake
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Originally Posted by Mort View Post
Common sense is essentially ones ability to reflect on a situation, play out scenario potentials, and come up with an averaged logic of what could or could not happen bro.
Anyone suing over a toestop boss and an injury due to a bend like that where the metal has torn is probably going to spend alot more time and money than they would ever get out when its noted how the failure occurred.

Also the fact that it didnt tear clean off and the angle of attack of ones foot was not significantly affected during the stop, but im sure anyone would notice the fault as it happened to that degree.

Its quite easy to play through the events that cause the failure, see the potential for a fall,(nearly non existant) and know that it was nothing to have a lawsuit over.

Also consider that again, this is the ROLLER DERBY forum, and one should essentially be properly geared, which would prevent nearly any injury from a failure. Ontop of that most (not all) derby players carry liability insurance for their sport.

If those things didnt occur to you, then think a bit more beforehand

Common sense is always filtered through ones personal views of the world.

Common sense tells me that lawyers will be the ones assessing the situation and making that call as to whether they can successfully sue when this kind of a failure might result in an serious and permanent injury, and I am pretty sure you are not a lawyer.

Common sense also tells me that neither you nor I would ever be the expert witnesses called to the stand to assess whether possible design flaws of the Arius plate were a contributing factor. Your assessment opinion may put Riedell in the clear, and mine might point the finger of guilt in their direction, but neither would be heard by an actual jury.

Just because a derby skater has medical (not liability) insurance does NOT mean a skate manufacturer could not be sued for producing a flawed plate design. Lawyers make that call, not you or I, and if they decide the case if good enough they may charge little or nothing for their services.

Common sense tells me that if an injurious fall happened and the plate fracture was visible, trained engineers with expertertise in metal structure failure analysis would testify for both sides and give different interpretations.

Common sense tells me that if discovery showed above normal numbers of this failure mode, combined with a recent redesign of the plate for more metal and greater strength at this failure point, Riedell could easily lose and take a big hit, perhaps even forcing a total recall of all the Gen1 Arius plates.

Common sense tells me that far too many more robustly designed plates could be shown to almost never fail in this way, and thus a jury could easily be swayed into thinking that the Gen1 Arius was a primary cause for the injury. Maybe there has even been such a lawsuit and this stimulated the Gen2 redesign?

At this point, common sense tells me what I am saying is potentially just as accurate as what you are saying.

Rollin' on AIR
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