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Posted by Doug Miller on October 16, 2009, 10:02 pm
>On Oct 16, 4:01=A0pm, spamb...@milmac.com (Doug Miller) wrote:
>> In article <10fa232e-de84-4875-8d91-552e83e58...@k17g2000yqb.googlegroups=
>> >On Oct 16, 1:53=3DA0pm, spamb...@milmac.com (Doug Miller) wrote:
>> >> In article <df571e48-c287-4d3f-8598-dcfee7fd2...@o10g2000yqa.googlegro=
>ups=3D
>> >> >I would agree...the problem seems to be the lack of retrieving damages
>> >> >from the manufacturers and importers of the bad sheetrock.
>> >> Nonsense. The homeowners need to go after the *builders* who used
low-quality
>> >> materials.
>> >So, if your brand new car burst into flame you'd sue the dealer?
>> Of course not. I'd sue the manufacturer of the car. Just like the owners of
>> the homes with Chinese drywall need to do: sue the manufacturer of the home.
>> >Replying to nonsense with nonsense doesn't make sense.
>> Your analogy is, to put it charitably, severely flawed.
>> Hint #1: Who is the manufacturer of a house?
>> Hint #2: It's not the company that made the drywall, or the forester that
>> grew the trees that the framing was milled from.
>Your understanding of how the legal system works is severely flawed,
>which is why you didn't understand my analogy.
I understood your analogy perfectly well. It's just a very bad analogy.
>Rule one is to go after the guys with the deepest pockets. The
>builder isn't it.
Obviously your own understanding of the legal system could use a little,
umm, enhancement. You can sue anyone you want. *Recovering* from someone who
hasn't any liability might be a bit of a problem, though. If a home is built
with substandard materials, the liability _to the homeowner_ rests with the
builder, not with the manufacturer of the substandard material.
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Posted by Ashton Crusher on October 17, 2009, 1:57 am
On Sat, 17 Oct 2009 02:02:09 GMT, spambait@milmac.com (Doug Miller)
wrote:
>>On Oct 16, 4:01=A0pm, spamb...@milmac.com (Doug Miller) wrote:
>>> In article <10fa232e-de84-4875-8d91-552e83e58...@k17g2000yqb.googlegroups=
>>> >On Oct 16, 1:53=3DA0pm, spamb...@milmac.com (Doug Miller) wrote:
>>> >> In article <df571e48-c287-4d3f-8598-dcfee7fd2...@o10g2000yqa.googlegro=
>>ups=3D
>>> >> >I would agree...the problem seems to be the lack of retrieving damages
>>> >> >from the manufacturers and importers of the bad sheetrock.
>>> >> Nonsense. The homeowners need to go after the *builders* who used
low-quality
>>> >> materials.
>>> >So, if your brand new car burst into flame you'd sue the dealer?
>>> Of course not. I'd sue the manufacturer of the car. Just like the owners of
>>> the homes with Chinese drywall need to do: sue the manufacturer of the home.
>>> >Replying to nonsense with nonsense doesn't make sense.
>>> Your analogy is, to put it charitably, severely flawed.
>>> Hint #1: Who is the manufacturer of a house?
>>> Hint #2: It's not the company that made the drywall, or the forester that
>>> grew the trees that the framing was milled from.
>>Your understanding of how the legal system works is severely flawed,
>>which is why you didn't understand my analogy.
>I understood your analogy perfectly well. It's just a very bad analogy.
>>Rule one is to go after the guys with the deepest pockets. The
>>builder isn't it.
>Obviously your own understanding of the legal system could use a little,
>umm, enhancement. You can sue anyone you want. *Recovering* from someone who
>hasn't any liability might be a bit of a problem, though. If a home is built
>with substandard materials, the liability _to the homeowner_ rests with the
>builder, not with the manufacturer of the substandard material.
it's not that simple. In this case there has been nothing put forward
that suggests the builder failed in any of his duties. There is no
law that requires him to run tests on drywall for things that have
never happened before. From what I've read, the only party that might
have liability would be the maker of the drywall, and good luck
collecting from some factory in China. For small problems a large
builder will often just fix them, like if a pipe burst in one house
because the copper run was defective he might just fix it. But if it
was discovered that all the copper in an entire subdivision was
defective and the pipes were bursting (like happened with the first
plastic pipes) it would be the pipe manufacturer on the hook, which I
believe is what happened with the plastic pipe.
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Posted by Kurt Ullman on October 17, 2009, 8:32 am
spambait@milmac.com (Doug Miller) wrote:
> Obviously your own understanding of the legal system could use a little,
> umm, enhancement. You can sue anyone you want. *Recovering* from someone who
> hasn't any liability might be a bit of a problem, though. If a home is built
> with substandard materials, the liability _to the homeowner_ rests with the
> builder, not with the manufacturer of the substandard material.
One does not have insurance to afford to lose a suit. One has
insurance to afford to WIN it.
--
An old friend once said "You don't live on the edge,
you're taking up way too much space."
Scott Kirby "Lucky Enough"
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Posted by Doug Miller on October 17, 2009, 9:19 am
> spambait@milmac.com (Doug Miller) wrote:
>> Obviously your own understanding of the legal system could use a little,
>> umm, enhancement. You can sue anyone you want. *Recovering* from someone who
>> hasn't any liability might be a bit of a problem, though. If a home is built
>> with substandard materials, the liability _to the homeowner_ rests with the
>> builder, not with the manufacturer of the substandard material.
> One does not have insurance to afford to lose a suit. One has
>insurance to afford to WIN it.
Non-sequitur.
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Posted by Kurt Ullman on October 17, 2009, 9:28 am
> > One does not have insurance to afford to lose a suit. One has
> >insurance to afford to WIN it.
>
> Non-sequitur.
Not at all. One does not have insurance to pay for losing a suit. One
has insurance to pay the attorneys to fight it.
--
An old friend once said "You don't live on the edge,
you're taking up way too much space."
Scott Kirby "Lucky Enough"
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Page 3 of 14 < 1 2 3 > last >>
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