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I am a lawyer (retired). If you know about the problem - and know that it can wreck
a trade (I'm taking your word that it can) - then don't use the product. If you do
- it's like driving your car knowing that the brakes are bad. In lawyer terms - the
product might be defective - but if you use it knowing it's defective - you're
probably comparatively negligent. In a lot of states - it would be up to a jury to
apportion percentages of fault between you and the manufacturer. BTW - this is a
general statement of law. Products liability law varies widely from state to
state. If you think you have a case against anyone for anything - you should
explore it with a local lawyer. Robyn
Allan L. Kaminsky wrote:
> I'm not a lawyer, so I don't pretend to know the answer. There might not
> be one until such time as a case actually was litigated.
>
> My feeling is, I may know about the problem (in some esoteric sense) but
> not think it's going to affect me. Then, in the middle of a large
> intraday position, "I go blind." All of this while using a product that
> the publisher maintains is suitable for the task and has collected $2000
> for. The presumed liability might be worsened if it were shown that the
> manufacturer knew about the problem but didn't fix it.
>
> Regardless of what disclaimers there are on shrink-wrapped packages,
> these is an implied warranty of fitness when such products are targeted
> for and sold into markets.
>
> If I were an insurer providing liability coverage for such a firm, I
> don't think I'd be happy about that.
>
> Allan
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