Take this for what it is worth, it isn’t legal advice:
13 MIKE, You make some interesting points. I appreciated reading your post because it was objective. It would seem to me that the real issue is whether somebody engineered a fully developed product for sale, for profit, and described it as being a safe ROPS. If that happened, it is going to have to be safe because the designer/builder might be liable if it doesn't function properly. I can't imagine how that could be a sound financial move because it is unlikely that enough products could be sold to make it a viable business. I suspect that is the reason many good ideas never come to market. But, that shouldn't stop the smart guys here, who could figure this out, from developing some good ideas that could be used on a non-commercial basis.
and:
For every good, decent lawyer, and i count you as one till proven otherwise, there are 50 who are not.
I sincerely appreciate the benefit of the doubt you have given me. I hope I don't do or say anything that changes that opinion.
AceHigh, You are probably on to something with your post. Any liability would be almost certainly be tied to the claimed uses and capabilities by the manufacturer. Some years ago, I bought a roll cage kit for a CJ-7 that was a front hoop and bars to connect it to the existing rear roll bar. I think there was a disclaimer that said it was a light bar, or for cosmetic purposes, or something like that---probably for the same reasons you bring up. I bought it anyway. It may not have been perfect in every situation, but was clearly better than nothing. Being a WV guy too, I understand the winding roads and the big hills. I would rather take my chances with something that might help than with nothing at all.
Mike929, CA is a different world. I feel your pain with CARB. That is a whole different can of worms. You have a right to be upset about some of the dumb choices they make.
Lawyer issues, whether a lawyer is good or bad is a personal consideration for each person. It usually depends on which side of the "v" a person sides with. If a person sides with the lawyer’s position, he is a good guy. If the lawyer stands in opposition, he is viewed as a bad guy. That is simply human nature. I know that as a profession, we will always be looked at with suspicion.
Just remember that the so-called "ambulance chasers" are the attorneys who work to help the regular people, like most people here. The "defense" or "corporate" lawyers work for big businesses, insurance companies, and the like. I know. I have worked on both sides. They get paid, up-front, and without regard to whether they win or lose. They, in most cases, wouldn't take the time to help a regular person who can't pay in advance. Even then, they might not help for fear of damaging contacts and relationships with their regular clients. The "ambulance chasers" invest their own time, money, and effort into helping people who have no other way to help themselves. They help people with no guarantee of ever being paid anything. Finally, the other big issue that people simply don't know is that most "ambulance chasers" don't routinely seek to take money from uninsured defendants. Most of those attorneys generally only pursue cases to the extent of insurance coverage. That's one reason why they are so fiercely hated by the insurance lobby. I bet most people don’t know that.
To all of the lawyer bashers reading this, take a moment to think about this: If you or a loved one was severely injured or killed, which I hope never happens, who is going to help you? Are you going to be able to pay for legal services up-front, with no guarantee of a return (In light of the fact that your income will probably be reduced and you have a mountain of medical bills), or are you going to call an "ambulance chaser" (what I call a trial lawyer) for help? I hope you call a good trial lawyer who helps you and proves your ideas about the profession wrong.
With this post, I close my part the lawyer discussion in this thread. It isn’t fair of me to allow this thread to be completely hijacked when the OP brought up such a good idea. I will be happy to discuss any of these lawyer issues via pm or telephone if anybody has the desire.
I hope people really think about a viable ROPS solution. Maybe it can happen, one step at a time. I will help any way that I can.
