Some one would have to be injured. For sure some landmark products cases have changed the face of industry over the years and some still do. The stop mechanism on a lawn mower for example, but that will not stop someone from wrapping a bungee cord around the stop lever, or failing to lockout the point of operation on a machine.
Guns of New York
- Thread starter CO. Hoosier
- Start date
Lol. I just got back in town yesterday and slept for 12 hours. Schedule is all screwed up
Courtesy from the website of our friends at Frost, Brown and Todd, here's that defense as it is codified in Indiana.
Products Incapable of Being Made Safe Not Considered Defective
Ind. Code § 34-20-4-4. A product is not defective under this article if the product is incapable of being made safe for its reasonably expectable use, when manufactured, sold, handled, and packaged properly.
As added by P.L. 1-1998, Sec. 15.
All these cases balance social utility with unreasonable and foreseeable risk. Large capacity magazines would be an issue. I think semi-auto fire is an issue.
Along those lines, I was surprised that Fiat-Chrysler has two different key fobs for the 750+ HP Hellcat. One key fob lowers the HP by a significant amount. I think that is a preemptive measure at a products case.
I assume by the entire gun supply chain, you mean manufacturers?
How does that work? Someone can sue the gun company for a gun commited using a gun they manufactured?
What went wrong when they had it before?
I know crime went down. What were the negative effects?
That’s pretty much a codification of what has become the common law. I think that is a different issue from industry liability for unreasonably dangerous practices.
Saw a video inside some kind of manufacturing operation where a guy got pulled into an industrial lathe. It didn't end well. Probably in the top 10 worst things I've ever seen. It was in Russia so I'm sure the safety precautions were top notch.
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anon_mlxxvlbug9dpa
Guest
Not for manufacturing a gun. But maybe for marketing it. For example, if an unreasonable volume of guns were shipped to a seller on the outskirts of Chicago, and seller sold more guns to a single buyer than the buyer needed for personal use, and one of those guns wound up being sold out of the back of a car in an alley, then used to shoot somebody, I’d sue everyone in the supply chain. Any reasonable person would know that’s good evidence of an illegal gun operation. This happens and is one reason the gun industry asked for and was given immunity.
Oh OK. I know there are some who want the gun manufacturer to be liable.
What you're proposing makes sense, as long as it's not targeting certain political groups - and you know it will.
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anon_mlxxvlbug9dpa
Guest
Some bad guys. But too many good guys were being stopped and frisked. Racial profiling is bad.
If we employed that language (written by someone we know) to protect hog slaughtering equipment of that day to defend against a lawsuit against a firearms manufacturer we'd say just what it says---you can't use it for its purpose if you render it incapable of causing harm. It was arguably the common law about the time that statute was being enacted but the company was looking at huge litigation expenses and a questionable outcome so the statute was needed.
Well, tha's the claim. But if an area is 90% black, is it racial profiling for 90% of the stops to be for blacks?
I'd have to see the stats and where the stops were being made before I would believe a blanket 'racial profiling' charge.
This doesn't mean there weren't instances of racial profiling. Of course there are, just as there are instances all over the country without S&F. But as a policy? i'm not convinced.
We all understand that the Donbas border is much more important than the Texas border. C'mon man....!
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anon_mlxxvlbug9dpa
Guest
90% of Manhattan is not black. Nor is it Latino. And that’s not where stop and frisk was happening. It was targeting minority areas and per a PhD at Columbia, even when controlling for the crime rates in those areas, it was minorities targeted disproportionately.
Back in the day, my '91 ZR-1 had a 'valet' key which could add about 150 hp. Switch in the dash, removable key.
Well, first of all, that Fagan is a professor at Columbia - not surprising he is against S&F.
But it is Constitional, if done correctly. Just because there was racial profiling in the past doesn't mean it will be if tried again, with a black Mayor.
Is Stop-and-Frisk Unconstitutional? - FactCheck.org
Q: Was the police technique of “stop-and-frisk” found unconstitutional? A: The practice is not unconstitutional, but a judge ruled in 2013 that New York City’s stop-and-frisk program was carried out in a manner that violated the U.S. Constitution. FULL QUESTION Was the police technique of...
www.factcheck.org
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anon_mlxxvlbug9dpa
Guest
To be fair, stop and frisk can be an effective policy but it has to be applied fairly. It was not in the past. The current mayor echoes this. Will be interesting to see how he does it.
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anon_mlxxvlbug9dpa
Guest
I agree with your second comment but your first is nonsensical.Well, first of all, that Fagan is a professor at Columbia - not surprising he is against S&F.
But it is Constitional, if done correctly. Just because there was racial profiling in the past doesn't mean it will be if tried again, with a black Mayor.
Is Stop-and-Frisk Unconstitutional? - FactCheck.org
Q: Was the police technique of “stop-and-frisk” found unconstitutional? A: The practice is not unconstitutional, but a judge ruled in 2013 that New York City’s stop-and-frisk program was carried out in a manner that violated the U.S. Constitution. FULL QUESTION Was the police technique of...
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anon_mlxxvlbug9dpa
Guest
What school isn’t? And so what? Fagan is the head of their crime research center. He does more in depth analysis than just saying blacks commit the majority of crimes. Controlled experiments showed it wasn’t constitutional in their implementation.
I think Adams will try it again in a different way.
There are a lot of schools that aren't as liberal as Columbia. Listening to people like him is why NYC is in the condition it's in.
If you want to pretend he's objective in his analysis, that's on you.
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anon_mlxxvlbug9dpa
Guest
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anon_mlxxvlbug9dpa
Guest
🥺
www.foxnews.com
NYPD officer dies of his injuries following Harlem shooting that killed partner
NYPD Officer Wilbert Mora, gravely wounded while responding to a domestic incident in Harlem four days ago, succumbed to his injuries Tuesday.
Damn racists. Oh, wait......🥺
NYPD officer dies of his injuries following Harlem shooting that killed partner
NYPD Officer Wilbert Mora, gravely wounded while responding to a domestic incident in Harlem four days ago, succumbed to his injuries Tuesday.
Maybe if we started cutting off peoples trigger fingers that might take care of the problem.
So if things don't work in the first 40 years... just try them again?
Not the definition of insanity?
Crime had been trending down for years, particularly after Clinton was in office because you finally had both parties willing to be a little tough on it. It started climbing again when we started putting a modifier on justice. DA's don't truly prosecute people in the big cities where crime is most rampant. Give the druggies their marijuana and close off other things. Allow them to grow their own. The drug trade is the biggest driver of violence, not guns. The only places where shootings are a daily occurrence are places where young black males who are involved in pushing the distribution of narcotics live. Dry up their product and the need to kill each other over territory decreases.
Agree or disagree, the right to a firearm is enshrined in the constitution. "Shall not be infringed". A round about way to try and impose an infringement is not going to fly with me. Not when there are plenty of other avenues to address the real issue that nobody wants to touch because they are uncomfortable.
