Can we be sued? 1

[petermeachem]

Not sure if this is the correct forum, but here goes anyway.

Can we be sued for results of advice we have given here or does the fact that no money passes mean there is no contract, and therefore no case.

I'm in England, where things are slightly different, but dragging people off to court seems to be a popular pastime in the States.

I am asking because there is a guy in the Access forum that I am worried about. He is a volunteer in a Hospital, and is fiddling about with a database which contains patients records and treatment plans. His knowledge of Access is clearly limited. My reply was that he should not even be thinking of doing that sort of work. Someone else said much the same, but is still helping him. Suppose because of his (the question asker) ineptitude, and poor understanding both of Access and our replies, he screws up the database so the unfortunate patients get the wrong medication, or too much, or at the wrong time? What is our legal position?
Peter Meachem
peter@accuflight.com

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[thatrenowned]

Just deny it...its not like they can prove you supplied the info. Just because your name is at the end of the post, doesn't necessarily mean that you did it. How do we even know that the real Peter Meachem started this post?

 

[sleipnir214]

Yeah, Pete. You're gonna have to drop by Techumseh's offices and deliver a DNA sample pronto! ______________________________________________________________________
Never forget that we are
made of the stuff of stars

 

[CajunCenturion]

What may be an interesting case in point.

Please review the following thread:

thread222-326219

Now suppose that you provide help to this individual - an interesting project. Lets say that the steering system fails and he runs into the back of the car in front. The driver in front claims "whiplash", and wants to sue you because you're a participant in the software development.

Althought I do know the answer to that question - I'm not going to get involved.

your thoughts: Good Luck
--------------
As a circle of light increases so does the circumference of darkness around it. - Albert Einstein

 

[svanels]

That is an interesting subject, they do these kind of things all the time in a place called MIT (among others).
The words if, lets say and suppose can be very powerfull in killing creativity.
In the end we can start another thread about lost opportunities.
You can not make omelette without breaking the eggs. Steven van Els
SAvanEls@cq-link.sr

 

[svanels]

I would't call myself part of the software development team, (I am not getting paid anyway) but rather a casual consultant. You know why?

The standard answer of any consultant is:

I give advise, it is up to you to take it. If it screws up, it is not the consultant's ass on the line, it is yours. Steven van Els
SAvanEls@cq-link.sr

 

[sleipnir214]

Interestingly, if you ignore the advice of an expert, it can cost you.

Take the famous case in the U.S. of the woman at the McDonald's drive-thru who was burned when she spilled a cup of coffee in her lap. She sued and was awarded on the order of US$2M.

A food-service expert hired by the restaurant had told them just weeks before that because a customer might get burned, 180 degrees Fahrenheit was too hot, and that they should serve their coffee at 160 degrees instead. That was where their liability lay. ______________________________________________________________________
Never forget that we are
made of the stuff of stars

 

[svanels]

Well may be the food expert made a deal with the woman, and send her over there to get some cash. I reminds me of a guy which toe was bitten of by a big lizard, and tried to sue the zoo. The idiot jumped into the cage to disturb the animal. A pity that the animal couldn't sue him for disturbing the peace. Don't know what was the outcome, but I think it was Sharon Stone's boyfriend.

In my country they would say to him: jump again in the cage, but make sure there are more lizards.

Regards Steven van Els
SAvanEls@cq-link.sr

 

[MasterRacker]

Just as a side note on the McDonald's coffee case: The original award was $200K and $2.7M punitive damages. On appeal the judge found the woman partially responsible and reduced it to $160K and $480K. If not for the 20 degree difference from the rest of the industry the entire case might have been thrown out.

(Actually no one knows what the woman actually got. After the appeal, they entered into a secret settlement. Being that this was a public trial, the legal industry is a little upset at a secret settlement.)
Jeff
No matter how bad it is, it can always get worse ....