PDA

View Full Version : Too Sharp???!?!?!


Fishhookedatgunpoint
11-12-2003, 11:29 AM
I am just about to finally get out of college and I had a discussion with one of my prof's that is a lawyer. He was talking about the woman who spilled the hot coffee on herself and sued McDonalds for lots of money. The reason she could was that the coffee was in fact too hot. I asked him after class about my question, and it turned out he is a muskie fisherman too. But my question was "Who is to say that hooks on fishing lures could be "too" sharp” Every day you see packages talking about newer sharper hooks. From a law standpoint though, what is sharp enough to catch a fish and still be safe? I sharpen all my hooks when I get them because they can't be sharp enough...but could this be a court case waiting to happen? Should there be a disclaimer on packages...

woa

Brad Smith

Fishhookedatgunpoint
11-12-2003, 11:29 AM
I am just about to finally get out of college and I had a discussion with one of my prof's that is a lawyer. He was talking about the woman who spilled the hot coffee on herself and sued McDonalds for lots of money. The reason she could was that the coffee was in fact too hot. I asked him after class about my question, and it turned out he is a muskie fisherman too. But my question was "Who is to say that hooks on fishing lures could be "too" sharp” Every day you see packages talking about newer sharper hooks. From a law standpoint though, what is sharp enough to catch a fish and still be safe? I sharpen all my hooks when I get them because they can't be sharp enough...but could this be a court case waiting to happen? Should there be a disclaimer on packages...

woa

Brad Smith

Musky Mike
11-12-2003, 02:13 PM
OH NOOOOOOOO,
Next they will be selling musky lures minus the hooks and we'll have to install those ourselves! Oh well, most of us resharpen and/or replace the factory hooks anyway... :-) :o :+

Musky Mike
11-12-2003, 02:13 PM
OH NOOOOOOOO,
Next they will be selling musky lures minus the hooks and we'll have to install those ourselves! Oh well, most of us resharpen and/or replace the factory hooks anyway... :-) :o :+

MuskieKid
11-15-2003, 04:02 AM
Interesting post. Not too long ago my wife and I went to a well known sports store to purchase a gift for me (she decided to let me pick out my own gift for a special occasion). She was looking around and picked up a package. Next thing you know she was telling me that she had been hooked thru the glassine package of hooks that she had picked up. I looked at it and she had been hooked past the barb!! Store personnel were quickly notified and we were off to the hospital where a surgeon numbed her finger and cut the barb and pulled the hook out thru her finger. The store (before we went to the hospital) agree to pay all costs.

Did we pursue it? Most likely she could have collected. However, she was ok afterwards (after some pain and inconvenience)and let it go. The store was genuinely concerned about her welfare (and their money, of course). If they had shown otherwise - perhaps we would have pursued it. It all came down to how they reacted. I still shop there.


Remember...fish don't live in ugly places!

MuskieKid
11-15-2003, 04:02 AM
Interesting post. Not too long ago my wife and I went to a well known sports store to purchase a gift for me (she decided to let me pick out my own gift for a special occasion). She was looking around and picked up a package. Next thing you know she was telling me that she had been hooked thru the glassine package of hooks that she had picked up. I looked at it and she had been hooked past the barb!! Store personnel were quickly notified and we were off to the hospital where a surgeon numbed her finger and cut the barb and pulled the hook out thru her finger. The store (before we went to the hospital) agree to pay all costs.

Did we pursue it? Most likely she could have collected. However, she was ok afterwards (after some pain and inconvenience)and let it go. The store was genuinely concerned about her welfare (and their money, of course). If they had shown otherwise - perhaps we would have pursued it. It all came down to how they reacted. I still shop there.


Remember...fish don't live in ugly places!

Terroreyes
11-15-2003, 10:30 AM
I sell some special jigs and all my packaging contains warning for lead as well as sharp hooks. Just in case!
[br][div align="center"][br][center][br][font color="#3300CC";font face="Roman"; size="+1"][br]When I take to the water [br]there's terror in the [br] [font color="red"; size="+3"; font face="webdings"] N N

Terroreyes
11-15-2003, 10:30 AM
I sell some special jigs and all my packaging contains warning for lead as well as sharp hooks. Just in case!
[br][div align="center"][br][center][br][font color="#3300CC";font face="Roman"; size="+1"][br]When I take to the water [br]there's terror in the [br] [font color="red"; size="+3"; font face="webdings"] N N

Snowcrest Lure Mfg.
11-15-2003, 09:21 PM
This is exactly why most of us have to carry Liability Insurance.

Snowcrest Lure Mfg.
11-15-2003, 09:21 PM
This is exactly why most of us have to carry Liability Insurance.

ToddM
11-16-2003, 12:35 AM
It's funny how that coffee story got one sided. Not much was ever told that she recieved 3rd degree burns from that coffee, through clothes mind you. When my brother was 4, he had a freshly unplugged perkolated pot spilled on his bare chest, arms, ect and only recieved 2nd degree burns.

I once got a burger at a drive through and the burger had sat under the heat lamp so long the ketchup and mustard pooled up and when I bit into it it squirted, burnt my tongue, lip and chin. Took skin off my chin. Sure glad that burger did not end up in a happy meal. Hate to see what a parent might do in that situation.

rpieske
11-16-2003, 10:13 AM
Todd is right! I am a business owner, but the facts of this coffee case showed callous disregard of public safety. Here are the facts if anyone cares to read them. http://www.lectlaw.com/files/cur78.htm

There are enough frivilous cases out there that make me in favor of tort reform. Insurance, civil liability cases etc. should be designed to protect and make whole those deserving cases not those after a quick buck.

The McDonald's coffee case does not seem to be either frivilous or someone who is after a quick buck.

mikie
11-19-2003, 08:14 AM
I have purchased baits with the hook ends covered with small pieces of surgical tubing to prevent them from cutting through the package. If this becomes an industry standard or practice, and someone does not do it and folks get hurt, seems like then there would be a case.

There are stupid laws because of stupid people. I like Jeff Foxworthy's routine where he discusses warning labels on Prep H and the like. classic! m

Fishhookedatgunpoint
11-19-2003, 11:22 AM
I guess the same comment could also go for having a broad head arrow too sharp also, or a lot of things like that, stupid people can do stupid things and get paid for it.

Brad

muskyman70
11-20-2003, 06:23 PM
the old lady who got burned at Mcydes may have suffered third degree burns, but her claim was she didnt <expect> coffee to be that hot. now come on, your telling me a 70 year old woman has never <BOILED> water on the stove to make coffee. She made a dumb mistake by spilling it, and decided to sue a large corporation for it. Classic money grab.