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  1. #16

    Randy B. Singer's Avatar
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    Quote Originally Posted by chscag View Post
    I too empathize with the parents. California law about texting and driving went into effect this year (2017) and will be strictly enforced according to the authorities there. I wish my own home state (Texas) would enact that same law. It's unbelievable to see the statistics on how many accidents are caused by inattentive driving in the US. Or, the number of accidents and deaths caused by drunk driving.
    Actually, California has had a law prohibiting texting while driving for a while now. But the law was flawed. One motorist was cited and he fought it, saying that he was using GPS, not texting, and that the law didn't prohibit that. An appellate court agreed that the law was not written to exclude other smart phone activities.

    So, what went into effect on January 1 is an update to the law, which prohibits handling your smart phone while driving, other than to tap or swipe on it's face if it is mounted in your car.

    Quote Originally Posted by chscag View Post
    As for the law suit you mentioned above, it's probably not going to be successful. The parents likely know that but are trying to send a message to Apple or others who may have the same idea to use Facetime while driving. I'm sure they're already suing the offending driver's insurance company and him|her personally.
    I think that this case will be thrown out at some point prior to trial on a motion by Apple. Even if it isn't, I don't see how the Plaintiffs can win. It's based on Apple's failure to apply technology that is basically just theoretical, and certainly not developed and ready for use in the marketplace. No lawsuit that I know of has succeeded when claiming that the defendant didn't implement technology that no one anywhere has developed and/or implemented.
    Randy B. Singer
    Co-author of The Macintosh Bible (4th, 5th, and 6th editions)
    Mac OS X Routine Maintenance http://www.macattorney.com/ts.html

  2. #17

    RavingMac's Avatar
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    Frivolous lawsuits only cost the rest of us in the end by driving up prices and insurance.

    I am all for going after companies and individuals who ignore problems that end up causing injury. But, no one should be responsible for preventing the stupid and irresponsible behavior of some one else (with the possible exception of your own children).

    What is next, lawsuits because scissors manufacturers haven't come up with a way to keep people from running with them. Or perhaps I should sue the maker of my dinner plates because they hold too much and I am getting fat.

    This needs to end . . .
    I've always wanted to be smart, handsome and modest. But, I guess I'll have to be satisfied with two out of three . . .

  3. #18

    Slydude's Avatar
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    Quote Originally Posted by RavingMac View Post
    Frivolous lawsuits only cost the rest of us in the end by driving up prices and insurance.


    What is next, lawsuits because scissors manufacturers haven't come up with a way to keep people from running with them. Or perhaps I should sue the maker of my dinner plates because they hold too much and I am getting fat.

    This needs to end . . .
    Where do I sign up for that one? Or is it that I should sue the dryer manufacturer for shrinking every pair of pants I own?
    "Got Time to breathe. You got time for music." Denver Pyle as Briscoe Darling

  4. #19

    Jonzjob's Avatar
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    Have a look at this

    https://www.youtube.com/watch?v=SV9a1BX5CjU

    Truck drivers have been caught watching films on their laptops while driving!

    Perhaps that sort of thing would help. It's not legal to use a phone in your car here in France, but we see lots being used every time we go out. Nobody seems to worry about it.

    But, if you are wearing flip flops whilst driving and have an accident then you'd better look out!

    Going back to the OP. I can't even start to imagine what it must have felt like to have your child killed in any circumstance, never mind by some stupid moron who hasn't the sense they were born with. But there is a saying about you can plan for stupidity, but someone even more stupid will get around it!
    John.
    Never forget that you are unique, just like everyone else.
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  5. #20

    lclev's Avatar
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    Quote Originally Posted by Jonzjob View Post
    But there is a saying about you can plan for stupidity, but someone even more stupid will get around it!
    Perfect quote! And absolutely correct. That is the biggest problem - we can not bubble wrap everything enough to protect people from their own stupidity!

    Lisa
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  6. #21

    harryb2448's Avatar
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    Do not read this Randy!

    As I say Lisa 'If it wasn;t for lawyers ... we wouldn't need lawyers!"
    Hang on to those original install discs like grim death! Using OS X.7 or later make a bootable USB thumb drive before running Installer!

  7. #22

    lclev's Avatar
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    True Harry BUT lawyers still require clients. And in the spirit of full disclosure - my dad was a lawyer.

    Lisa
    Recommend using Onyx to clean your mac and Malwarebytes for Mac to remove malware infections.
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  8. #23

    harryb2448's Avatar
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    You poor, poor lass! jo wonder you call your Mac Pro by a girl's name!!
    Hang on to those original install discs like grim death! Using OS X.7 or later make a bootable USB thumb drive before running Installer!

  9. #24

    Randy B. Singer's Avatar
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    Quote Originally Posted by harryb2448 View Post
    Do not read this Randy!

    As I say Lisa 'If it wasn;t for lawyers ... we wouldn't need lawyers!"
    Well, that is a clueless bigoted statement.

    Sadly, folks in the U.S. don't have the slightest idea about how our legal system works, and what they think that they know is more than likely due to a very expensive misinformation campaign that the public just ate up. Have a look at this entertaining episode of Adam Ruins Everything:

    Adam Ruins Justice
    https://www.youtube.com/watch?v=2nSg2AQiJzg
    You may want to skip to 1:35 where they start talking about the famous McDonalds "hot coffee" lawsuit.

    Citations:
    http://www.trutv.com/shows/adam-ruin...s-justice.html
    Randy B. Singer
    Co-author of The Macintosh Bible (4th, 5th, and 6th editions)
    Mac OS X Routine Maintenance http://www.macattorney.com/ts.html

  10. #25

    lclev's Avatar
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    Don't sweat it Randy. My dad was an amazing lawyer. He always told me there are ambulance chasers and then there are those who practice law. He practiced law.

    Lisa
    Recommend using Onyx to clean your mac and Malwarebytes for Mac to remove malware infections.
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  11. #26

    Randy B. Singer's Avatar
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    Quote Originally Posted by lclev View Post
    Don't sweat it Randy. My dad was an amazing lawyer. He always told me there are ambulance chasers and then there are those who practice law. He practiced law.
    That's great to hear. Actually, because of my user group, I've had the opportunity to meet hundreds of attorneys. The vast majority of them are truly the most amazing people you could ever hope to meet. Sadly there are also a surprising (but still small) number of very scary sociopaths in the profession.

    I think that if the majority of attorneys told you the details of the cases that they handled, that you would be very proud of them.

    I think that if folks have a look at the video that I gave the link to, that they will be both entertained and pleasantly enlightened.
    Randy B. Singer
    Co-author of The Macintosh Bible (4th, 5th, and 6th editions)
    Mac OS X Routine Maintenance http://www.macattorney.com/ts.html

  12. #27

    lclev's Avatar
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    Well my three brothers and I were permitted to attend court trials both ones he was arguing and others that were of interest. Years ago in 1975, I actually got to watch James Urban Ruppert's trial (which if you look up his name will give away where I grew up. ) I learned so many life lessons from not only watching the various proceedings, but my dad would review what we saw and we would discuss the outcome, what we thought and what we might have missed or considered. His patience and willingness to put in the time on all of us growing up I later learned was a rare and precious commodity.

    Lisa
    Recommend using Onyx to clean your mac and Malwarebytes for Mac to remove malware infections.
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  13. #28

    Rod Sprague's Avatar
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    I really feel so sad for the parents. Avoidable incidents like this are infuriating. It has been well said that two most uncommon qualities in people seem to be common knowledge and common sense. I am a big fan of the "Darwin Awards" but regrettably the victims are not always the perpetrators.
    Unfortunately the alternatives are what we Aussies have come to call the "Nanny State". Putting measures in place to prevent themselves (or others) becoming the victims of their own stupidity. Breathalysers and seat belt alarms built into cars, beach patrols to force people to swim between the flags and warning signs which state the bleeding obvious in order to avoid litigation.

    2017-01-09 11:12:19.png
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