Enemarty Posted May 25, 2016 Posted May 25, 2016 A party admission? Actually, because the assumption of risk doctrine contains a knowledge element, Whaley's comments could be used as a defense in any suit against the NFL...
Maury Ballstein Posted May 25, 2016 Posted May 25, 2016 Please explain how, because as a civil law expert I am struggling to see it.
Bill from NYC Posted May 25, 2016 Posted May 25, 2016 This comment is gold. Please enlighten me on all of the frivolous lawsuits you are aware of that have prevailed -- but I hope you have all of the facts and legal arguments researched before you claim a result was "frivolous." Please stop. Is it really necessary to get all out of sorts because I don't feel like kissing the ass of the stooges that run this team? At least I really do like Bills Fans, you know?
Coach Tuesday Posted May 25, 2016 Posted May 25, 2016 (edited) Actually, because the assumption of risk doctrine contains a knowledge element, Whaley's comments could be used as a defense in any suit against the NFL... Assumption of risk is an offset - it's contributory fault. It usually doesn't bar a claim. I'd love to tell a jury in my opening statement in a concussion lawsuit that one of the 32 CEOs admitted casually that the sport is not safe enough for humans to be playing... it's not dispositive evidence or anything close to that, but it's great theater and it's a remarkably idiotic comment for Whaley to make. You can be sure that it's not just "the media" that cares about this - I have no doubt that Pegula is fielding angry calls from his co-owners and perhaps Park Avenue today. Edited May 25, 2016 by Coach Tuesday
VABills Posted May 25, 2016 Posted May 25, 2016 This comment is gold. Please enlighten me on all of the frivolous lawsuits you are aware of that have prevailed -- but I hope you have all of the facts and legal arguments researched before you claim a result was "frivolous." The lady who stuck a hot cup of coffee between her legs at mcdonalds and then won 2.9 million dollars.
Coach Tuesday Posted May 25, 2016 Posted May 25, 2016 The lady who stuck a hot cup of coffee between her legs at mcdonalds and then won 2.9 million dollars. That was far from frivolous and there is a great documentary about it. Her private parts were scalded.
GunnerBill Posted May 25, 2016 Posted May 25, 2016 Look, I am not trying to define right and wrong. But, if a player is seriously injured (which is bound to happen), I think he can go right into court and sue. Will he win? Maybe not but it would cost Pegs money to defend himself, no? Or, he could win. Frivolous lawsuits don't always lose, ya know? Anyone can go to court and sue.... what I am still not seeing is how you think Whaley's comment helps the case. Do you think his comment amounts to an admission that the Bills are guilty of breaching their duty of care? It can't prove causation because that will turn on the precise nature of any injury. I find the argument more than a little fanciful I have to say....
VABills Posted May 25, 2016 Posted May 25, 2016 That was far from frivolous and there is a great documentary about it. Her private parts were scalded. Because she purposely put hot coffee between her legs in a car. It's like the label on irons that say, don't iron while wearing clothes or don't use a hairdryer in bathtub. They're all frivolous. Stupidity should not be rewarded.
Over 29 years of fanhood Posted May 25, 2016 Posted May 25, 2016 It's how we establish ourselves as a national brand.... No such thing as bad publicity Because she purposely put hot coffee between her legs in a car. It's like the label on irons that say, don't iron while wearing clothes or don't use a hairdryer in bathtub. They're all frivolous. Stupidity should not be rewarded. Nowhere in my vehicles operating manual does it say does not float in swimming pools. How was I to know???
ko12010 Posted May 25, 2016 Posted May 25, 2016 Who happens to be the GM of a NFL franchise. Really quite stunning, isn't it? Whaley's probably smarter than both of you.
Coach Tuesday Posted May 25, 2016 Posted May 25, 2016 Because she purposely put hot coffee between her legs in a car. It's like the label on irons that say, don't iron while wearing clothes or don't use a hairdryer in bathtub. They're all frivolous. Stupidity should not be rewarded. She would not have known that the coffee was something like 270 degrees. Watch the documentary. Or, just jump to conclusions and stay uninformed.
PromoTheRobot Posted May 25, 2016 Posted May 25, 2016 Those of you who think this is a non-story are misguided. Executives of NFL teams probably should not be yapping about how football isn't meant for humankind. Coupled with the fact that Whaley is a young GM already on the hot seat, for whom his owner has already looked for a Czar/Babysitter to oversee, this can't be helpful to his career.On the hot seat for what? Drafting well?
QCity Posted May 25, 2016 Posted May 25, 2016 . You can be sure that it's not just "the media" that cares about this - I have no doubt that Pegula is fielding angry calls from his co-owners and perhaps Park Avenue today. They're all at the owner's meeting together with Roger. To be a fly on that wall...
PromoTheRobot Posted May 25, 2016 Posted May 25, 2016 Of course they care. It's another PR disaster for them. But that doesn't mean it will make a good legal argument in court. OMG! We're losing the PR Super Bowl! I saw Around the Horn and PTI and neither show made much of the comments. In fact two panelists agreed with Whaley's comments. Oh the horror. You know what this story will be in two days? Forgotten.
Maury Ballstein Posted May 25, 2016 Posted May 25, 2016 She would not have known that the coffee was something like 270 degrees. Watch the documentary. Or, just jump to conclusions and stay uninformed. So the coffee was hot ? Sounds interesting
Coach Tuesday Posted May 25, 2016 Posted May 25, 2016 (edited) So the coffee was hot ? Sounds interesting It was basically boiling. And McDonald's has since drastically lowered the temp. But it's fine if you don't care, you seem to know everything you need to know in life. On the hot seat for what? Drafting well? Not performing up to pretty much everyone's expectations except yours. Edited May 25, 2016 by Coach Tuesday
Mr. WEO Posted May 25, 2016 Posted May 25, 2016 She would not have known that the coffee was something like 270 degrees. Watch the documentary. Or, just jump to conclusions and stay uninformed. huh?
thebandit27 Posted May 25, 2016 Posted May 25, 2016 It was basically boiling. And McDonald's has since drastically lowered the temp. But it's fine if you don't care, you seem to know everything you need to know in life. I'll get skewered by some locals for this, but Tim Horton's needs to lower their coffee temperature. It's literally undrinkable for something close to a half-hour after ordering on account of temperature.
Coach Tuesday Posted May 25, 2016 Posted May 25, 2016 huh? Excuse me, 180-190 degrees. It was still much higher than other coffee sellers, and enough to cause significant skin damage within seconds. http://www.lectlaw.com/files/cur78.htm
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