Registered: Sep 1999
Location: Modesto, CA USA
Posts: 599

Pop Tart Fire -Who's Responsible

ABC News Story About Pop Tart Fire

I'm sorry but to sue a manufacturer of pop tarts over this is ridiculous in my opinion and I'm wanting the "Posters" opinions as well.


Here is a tip - don't leave the house with any oven on! Next thing somebody is going to sue a match company because they actually do start fires.

Take Responsibilty for your own Actions or Inactions

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Moose Man
I may be from the LEFT coast but that's not the correct political view in my mind!

Registered: Aug 2000
Location: South Carolina
Posts: 1062

Hmmm, sounds like you're in favor of tort reform.

I don't even like to leave my dryer going when we're not home.

Registered: Mar 2000
Location: McLean, VA USA
Posts: 216

I voted a resounding "NO"! However, the reality of the matter is that since there is precidence (the older case from 1995), then she has a good chance of at least getting a settlement. Kellog's will probably settle out of court to end the situation and avoid any negative publicity.

Personnaly, I think that the judge should either through out the suit or find the woman guilty of contempt (for a frivolous law suit) and fine her as well as force her to pay Kellog's court costs!! Also, why not have social services come down and embarass her a bit by putting her through the process to determine if she is "fit" to raise her children. If the courts were to do more of this kind of thing (loss of money, embarrasement, etc) maybe we would start to see less and less of this type of lawsuit.

It seems to me that if "ignorance is no excuse" when it comes to trying to escape prosecution (e.g - Gee, officer, I didn't know that the speed limit was 35!), then it should not be able to be used as an excuse to seek a suit in court.

Ok, rant off!!

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What the Heck! It's what I want!

Registered: Dec 2000
Location:
Posts: 30

The instructions also contain warnings, do not leave toaster unattended while in use, may cause burns or fire hazard.

I listened to the lawyer being interviewed on the radio last night. He claims that that Kellogg knows about an inherent defect in their product. The warnings in the instruction are part of his proof. By this logic Pop Tarts and most other items must be taken off the market completly. You can't sell them with out warning of possible mishaps and warning prove knowledge of inherent flaws. Shortly we will all be living in huts that we make ourselves.

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Registered: Feb 2001
Location: Knoxville, TN
Posts: 7

quote:

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Originally posted by IamZaphod
Shortly we will all be living in huts that we make ourselves.

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Registered: Sep 1999
Location: Modesto, CA USA
Posts: 599

quote:

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Originally posted by visor empowered
Personnaly, I think that the judge should either through out the suit or find the woman guilty of contempt (for a frivolous law suit) and fine her as well as force her to pay Kellog's court costs!! If the courts were to do more of this kind of thing (loss of money, embarrasement, etc) maybe we would start to see less and less of this type of lawsuit.

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Moose Man
I may be from the LEFT coast but that's not the correct political view in my mind!

Registered: Jan 2001
Location: Bowling Green, Kentucky
Posts: 34

All this time, I have been wondering why then idiot sued Kellogs. First off, I thought tosters automaticly poped up. Even if it were a toster oven - it was her fault for being stupid enough to leave it on. Did she not realize that something that has a crapload of sugar in is is going do melt and get extremely hot, possibly causing a fire? I dont think Ralph Nader even would touch this one.

Registered: Oct 2000
Location: Aberdeen, SD
Posts: 2531

I'm suing Whirlpool because I stubbed my toe against my fridge. Pain and suffering was terrible, and worth every penny of the 1 million stated in the lawsuit. To keep it from getting ugly, I'll settle out of court for $20, though.

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-Joshua
Abortion: Darwinism at its finest.

Registered: Jul 2001
Location: New York State
Posts: 1

quote:

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Originally posted by visor empowered
Personnaly, I think that the judge should either through out the suit or find the woman guilty of contempt (for a frivolous law suit) and fine her as well as force her to pay Kellog's court costs!! Also, why not have social services come down and embarass her a bit by putting her through the process to determine if she is "fit" to raise her children. If the courts were to do more of this kind of thing (loss of money, embarrasement, etc) maybe we would start to see less and less of this type of lawsuit.

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I couldn't have said it better! Hello everyone!

Registered: Dec 2000
Location:
Posts: 30

quote:

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Originally posted by joshmcgown
All this time, I have been wondering why then idiot sued Kellogs. First off, I thought tosters automaticly poped up. Even if it were a toster oven - it was her fault for being stupid enough to leave it on. Did she not realize that something that has a crapload of sugar in is is going do melt and get extremely hot, possibly causing a fire?

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Registered: Jan 2000
Location: Twin Cities, MN
Posts: 1683

quote:

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I don't even like to leave my dryer going when we're not home.

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Good for you. You should NEVER leave the house with a dryer going. It can, on occasion, cause a house fire...just as leaving your stove on can.

Also, be sure to clean out the exhaust tube every year...lint build-up can catch fire as well.

As for the pop-tart case, i believe that if you stuck ANYTHING into a toaster and left it, it would probably cause a fire.

I think Kellogg should sue her for defamation.

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We're all naked if you turn us inside out.
-David Byrne

Registered: Oct 2000
Location:
Posts: 443

no doubt Kellogs will settle. i have an ex girlfriend whose dad owns a large bottle manufacturing company (shampoo, peanut butter, etc etc.).

a few years ago some moron sued his company because he dropped his bottle of shampoo while in the shower and it cut his winky as it went by. i kid you not. the bottle company settled.

as a funny aside, my ex-gf's dad tried to recreate the incident in the shower--so did his son. both failed.



mc

Registered: May 2001
Location: NY metro area
Posts: 219

QOUTE:
Hmmm, sounds like you're in favor of tort reform.

Don't you mean "TART" reform?????

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Jonathan

Registered: Dec 2000
Location: Austin, TX USA
Posts: 178

Two things:
1) I am ashamed to admit that I mis-clicked and accidentally voted "yes"... Sorry! Please forgive me!

2) A ex-friend of my sister threatened to sue Kellogs because she burnt her mouth on a pop-tart. All she did was write them a threatening letter and they sent her a couple thousand dollars. I suppose they figured that was cheaper than getting lawyers involved. My guess is that Kellogs will quickly settle for an "undisclosed amount".

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ThirdMan

Registered: Mar 2001
Location: Out of my skull, back in five minutes
Posts: 1435

I'm surprised that someone would be dumb enough to put something in the toaster right before leaving ...
but then, the stupidity of the general populace never ceases to amaze. It's why we have all these warning labels.

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The light at the end of your tunnel has been disconnected due to non-payment. Please remit funds immediately for restoration of hope.

Registered: Sep 1999
Location: Modesto, CA USA
Posts: 599

quote:

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Originally posted by ThirdMan
Two things:
1) I am ashamed to admit that I mis-clicked and accidentally voted "yes"... Sorry! Please forgive me!

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You are forgiven - thank goodness someone takes responsibility for mis-clicking. You are going to sue Visor Central for it though, are you?

Mensachicken:

Are you serious? Of course you are and that guy probably thought that up while in the shower reenacting the opening seen from American Beauty with Kevin Spacey. This is sad.

Thirdman:

You are probably correct. Kellogg's will settle just because of the bad press. It's cheaper to keep it out of the papers then to have the negative advertising.


I hope that the family that is suing though reads Visor Central because all of the responses have been negative to the law suit. Get a gripe people.

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Moose Man
I may be from the LEFT coast but that's not the correct political view in my mind!

Registered: Dec 1999
Location: Connecticut USA
Posts: 2682

It's a conspiracy!!! This woman must be a distant relative of the one who sued McDonald's over the hot coffee.

As stated already, we all need to take responsibility for our own actions. As for the $200,000 claim, doesn't this person have homeowners insurance?

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God bless America, my home sweet home...

Registered: Sep 1999
Location: Modesto, CA USA
Posts: 599

quote:

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Originally posted by MarkEagle
It's a conspiracy!!! This woman must be a distant relative of the one who sued McDonald's over the hot coffee.

As stated already, we all need to take responsibility for our own actions. As for the $200,000 claim, doesn't this person have homeowners insurance?

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Probably, but then this would be double dipping and the IRS doesn't tax insurance nor lawsuit payoffs. What a great way to earn a living!

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Moose Man
I may be from the LEFT coast but that's not the correct political view in my mind!

Registered: Mar 2001
Location: Out of my skull, back in five minutes
Posts: 1435

quote:

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Originally posted by RSGMOOSE
Get a gripe people.

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get a gripe? isn't that the problem?

__________________
The light at the end of your tunnel has been disconnected due to non-payment. Please remit funds immediately for restoration of hope.

Registered: Sep 1999
Location: Modesto, CA USA
Posts: 599

I can't spell

quote:

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Originally posted by Yorick


get a gripe? isn't that the problem?

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Thanks Yorick - at least your not suing me. Grip is correct.

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Moose Man
I may be from the LEFT coast but that's not the correct political view in my mind!