NYCkayaker Danger

[James Lang]

A functioning judicial system is vital to the resolution of commercial disputes.  There are several things that are offensive in this particular case which others have highlighted.  What is most offensive is the attempt to limit our collective freedoms.  I enjoy access to the waterfront, I enjoy some activities which are percieved to be risky, kayaking in New York Harbor to name one.  Aside from the reallocation of a portion of my taxes to the widow of the "injured" party, there are other more dire consequences.  My right to engage in activities on public property that others perceive to be risky might be curtailed.  We've all seen the "No Swimming when lifeguard is not on duty" signs.  Should I be arrested because a municipality decides to limit its potential liability by restricting access to public areas where risky acts might occur?  We are not all going to be safe, nature is inherently dangerous.  What we expect from the judicial system is a statement that people are responsible for there own actions and that the state has no responsibility (and shouldn't even have the right) to prevent an individual from engaging in a dangerous activity, and further that the government should have no responsibility to rescue an individual (although it is good that they try).  This case is fundamently different from a standard product liablity action and also from a negligence action where a standard of care exists.

> Date: Thu, 13 Dec 2007 10:40:35 -0500> From: lee at goldrich.com> To: bonnie13 at earthlink.net; RichardClifford at earthlink.net; nyckayaker at rockandwater.net> Subject: Re: NYCkayaker Danger> > I am a litigator and bring suits on behalf of injured, maimed and> destroyed individuals. If you do not have an open mind, please read no> further.> > I have represented individuals against drug companies for> injuries resulting of the use of those medications. We had proof that> the company did not disclose vital information to the Food and Drug> Administration. The company and its bean counters had made the decision> that the profits earned until the drug was pulled from the market would> outweigh the potential costs of litigation. If I follow some of the> hyperbole, those individuals who were injured should not have the right> to bring a claim.> > I just concluded the second of two cases involving infants who> are now blind. The American Association of Pediatrics and the American> Academy of Opthalmology REQUIRES that every premature infant that fits> into a given category receive an eye examination between 4 to 6 weeks of> birth to see if eye treatment is necessary. This is meant to prevent> blindness. Two infants were not examined and two infants did not> receive required treatment and two infants are blind. I guess some would> say that these infants should not have any rights. > > There are abuses in every system. Enron is a prime example. We> can go to the other extreme and see how Johnson & Johnson reacted when> there was a Tylenol problem. There are responsible kayakers and those> that are irresponsible, the same goes for every walk of life. > > There are those who financially benefit from attacking the> judicial system. Imagine our country without an effective and impartial> judicial system. Read Kafka. > Lee S. Goldsmith, M.D., Esq.> Goldsmith Richman Harz, LLP> 140 Sylvan Avenue> Englewood Cliffs, NJ 07632> (201) 363-1122> (201) 363-1133 Fax> lee at goldrich.com> > http://www.goldrich.com> > > > > > > > -----Original Message-----> From: nyckayaker-bounces at rockandwater.net> [mailto:nyckayaker-bounces at rockandwater.net] On Behalf Of> bonnie13 at earthlink.net> Sent: Wednesday, December 12, 2007 4:01 PM> To: Richard Clifford; nyckayaker> Subject: Re: NYCkayaker Danger> > >*"Danger: Avoid Death"*> > But that's impossible! > > I mean, eventually, y'know? Sooner or later. Hopefully later of course. > -----Original Message-----> >From: Richard Clifford <RichardClifford at earthlink.net>> >Sent: Dec 12, 2007 2:38 PM> >To: nyckayaker <nyckayaker at rockandwater.net>> >Subject: NYCkayaker Danger> >> >NYCKayaker:> > I can resist these things, but this one seems to be appropriate to > >the discussion and outraged sensibilities regarding our dead kite > >surfer and the widow's lawsuit.It may help folks when deciding about > >signs and fences and locks and such things.> > > > Consider this:> >> > >> >New York Lawyer <http://www.nylawyer.com> December 12, 2007> >> >By Ron Vample> >The Associated Press> >> >DETROIT -- A warning on a small tractor that reads "Danger: Avoid> Death" > >has been chosen as the United States' wackiest warning label by an > >anti-lawsuit group.> >> >The Wacky Warning Label Contest, now in its 11th year, is conducted by > >Michigan Lawsuit Abuse Watch as part of an effort to show the effects > >of lawsuits on product warning labels.> >> >Kevin Soave won the $500 (euro340) grand prize for submitting the > >winning label.> >> >Second place went for a label on an iron-on T-shirt transfer that> warns: > >"Do not iron while wearing shirt."> >> >Third prize went for a label on a baby stroller featuring a small > >storage pouch that warns: "Do not put child in bag."> >> >Contest organizer Bob Dorigo Jones said the silly labels reflect how > >broken America's civil justice system is.> >> >"Predatory lawyers know they can file ridiculous lawsuits against > >innocent product makers and blackmail them into a cash settlement ? > >even in cases in which a user has ignored common sense," Dorigo Jones> said.> >> >Those who oppose the contest said that while some warning labels may > >seem silly, even dumb warnings can save lives.> >> >Honorable mention went to Cyndi LaMonde of Traverse City, Michigan, for> > >a label on a letter opener that says: "Caution: Safety goggles > >recommended."> >> >New York state resident Ann Marie Young took the second honorable > >mention for a warning she found which cautions users: "The Vanishing > >Fabric Marker should not be used as a writing instrument for signing > >checks or any legal documents."> >> >The group selected a list of finalists and listeners of radio station > >WOMC-FM's Dick Purtan show chose the winners.> >> >> >> >> >> >> >*--> >> >Richard C. Clifford, Esq.> >Attorney at Law*> >1890 Palmer Avenue, Suite 302> >Larchmont, NY 10538> >> >Tel: (914) 834-0100 -or- 0757> >Cell: (917) 854-5824> >Fax: (914) 834-0888> >> >RichardClifford at earthlink.net> >RichardClifford at NYSBar.com> >> >> >**********************************************************************> >The NYCKayaker mailing list is hosted by www.rockandwater.net, and is a> > >public service offered to the kayaking community by the Hudson River > >Watertrail Association. Learn more about HRWA at www.hrwa.org> >> >To unsubscribe or change delivery options:> >http://www.rockandwater.net/mailman/listinfo/nyckayaker> > **********************************************************************> The NYCKayaker mailing list is hosted by www.rockandwater.net, and is a> public service offered to the kayaking community by the Hudson River> Watertrail Association. Learn more about HRWA at www.hrwa.org> > To unsubscribe or change delivery options:> http://www.rockandwater.net/mailman/listinfo/nyckayaker> **********************************************************************> The NYCKayaker mailing list is hosted by www.rockandwater.net, and is a public service offered to the kayaking community by the Hudson River Watertrail Association. Learn more about HRWA at www.hrwa.org> > To unsubscribe or change delivery options:> http://www.rockandwater.net/mailman/listinfo/nyckayaker
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