Silly Warning Labels

[naut]

GAH! Hair-dryer whilst asleep!?

[English assassin]

To award damages, the legal system should determine who is to blame right. In such stupid cases as these, the consumer (a.k.a. mr/mrs. retard) would carry the blame for the most part if not entirely. So why should (s)he get damages in such a huge amount?

Interesting point. The general rule is you must take your victim as you find him, (AKA the "eggshell skull" rule), and for good reason. It WOULD be rather offensive if I punched you in the chops for a laugh*, and then escaped paying out more than a few hundred pounds because you shouldn't have had such a puny, easily breakable jaw.

Stupidity seems to me to be as much a valid characteristic of a victim as a glass jaw. We might rename the rule the "empty skull" rule in this case. (Although to the person who thinks that turning off a fire alram extinguishes a fire I might be tempted to paraphrase an old judgement and say "stupidty is a misfortune, not a privilege")

I don't know very much about US tort law but from what I do know your rules on duty and breach don't seem unreasonable, its the exemplary/punitive damages coupled with no win no fee litigation that causes the trouble.

Oh, wait, this was a funny thread. OK then, how about the packets of peanuts with "may contain nuts" on them?

*No actual violence is being offered. All liability for mental trauma is hereby excluded. Thank you

[Peasant Phill]

I'm aware of the "egg skull" rule as it is also in Belgian law (as probably in most countries). However, I don't believe it should apply to stupidity.
The rule refers to a state in which the victim is in and I don't regard stupidity as a state somebody could be in. One 'is stupid' because one does stupid things thus the action is stupid not the person. This is different from the glass jaw as the person will always have a glass jaw whatever action he takes, hence the emphasis on the state of the person.
And so we return to the normal or widespread use of objects vs. stupid use of objects.

[English assassin]

Ah, well, we shall have to agree to differ. Stupidity isn't a mere contingent. All my experience tells me that stupidity is a fundamental ingredient in nature, indeed, very possibly the unifying principle out of which all other matter and energy is created. There seems to be enough of it about.

Bow down and worship your new overlord:

[Peasant Phill]

Could you define stupidity please. I bet you can't do it without mentioning action.
One can be dumb/retarded/... just by being alive (IQ-level) => situation
One can't be stupid by just existing or you should be referring to his IQ-level.

[English assassin]

I already said, it is an omnipresent field underpinning all of nature. Very probably transmitted by the as yet undetected Higgs Bozo.

Like gravity, stupidity can only be observed indirectly though its effects. The force experienced when ordinary matter interacts with the stupidity field is what causes reality television, Mariah Carey, and going on ebay after six pints of beer.

[lancelot]

A kettle I bought a while ago (as Im sure with many other simple appliances) felt the need to include instructions-

Apprently- fill with water, plug it in and then turn on using the 'on' switch is too difficult for some people to work out on their own...