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Smee

Joined: 24 Dec 2004 Location: Jeollanam-do
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Posted: Wed Sep 26, 2007 4:26 pm Post subject: Passengers Liable for Car Accidents |
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By Park Si-soo
Staff Reporter
If a car accident occurs because a driver becomes drowsy, passengers will be held partially responsible for the accident.
The Seoul High Court has ruled that if a drowsy driver is the major cause of a car accident, then the people in the car also will be held accountable, saying it is the responsibility of the passengers to prevent the driver from falling asleep. |
http://www.koreatimes.co.kr/www/news/nation/2007/09/117_10835.html |
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Typhoon
Joined: 29 May 2007 Location: Daejeon
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Posted: Wed Sep 26, 2007 4:28 pm Post subject: |
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Pass the blame!! The Korean way!!! |
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GoldMember
Joined: 24 Oct 2006
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Posted: Wed Sep 26, 2007 5:37 pm Post subject: |
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Yea and if some dummy at McDonalds spills coffee on herself, and gets burnt, it's McDonalds fault because the coffee is too hot.
I wouldn't agree with pass the blame the Korean way. Happens elsewhere.
Although it is idiotic that if someone runs a red light and hits you it's still 20% your fault.
It's irrelevant that passengers can be held partially liable, all you have to do is show up in court in pajamas and a wheelchair, and nothing will happen to you. |
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CentralCali
Joined: 17 May 2007
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Posted: Wed Sep 26, 2007 6:18 pm Post subject: |
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In popular myth, the McDonald's incident was just a ridiculous nuisance suit. In actuality, the McDonald's restaurant in question had known previously that they were heatin the stuff up to a much higher temperature than recommended, had been warned of the potential hazards, and failed to take corrective action.
I suppose I can see the judge's concern if the passengers had been awake and fully aware of the driver's drowsiness. It could be viewed along the lines of a sober person getting into a vehicle with a driver he knows his drunk. That's completely irresponsible. |
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bellum99

Joined: 23 Jan 2003 Location: don't need to know
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Posted: Wed Sep 26, 2007 7:33 pm Post subject: |
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They did sell the coffee under the label " Hot Coffee" and a person assumes that it is hot. They even have pictures on the side of the coffee to show that it is hot..in case you are really stupid or can't read.
I think that people do need to have a little personal responsibility. Some people will get into a car knowing that the driver is drunk or sleepy. They get hurt and sue the driver...really they did need to take some responsibility for themselves. |
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ED209
Joined: 17 Oct 2006
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Posted: Wed Sep 26, 2007 7:41 pm Post subject: |
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I can understand part of the judges point. Tiredness causes more accidents than drunkenness, and if you get into a car and allow a drunken friend to drive(whom you are fully aware is drunk) then you should be held accountable to a degree. Of course it's harder to tell if a friend is just a little tired or is properly drowsy. How would you prove this anyway? The police wake you up after crashing into a shop front? Or your friend turns on you "He didn't slap me hard enough in the face when I was clearly nodding off"
I think it's a just another law that will go by unenforced. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Thu Sep 27, 2007 4:05 am Post subject: |
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Although it sounds weird, Korea does have this Asian thing going where responsibility is shared. Individualism is a Western thing. |
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CentralCali
Joined: 17 May 2007
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Posted: Thu Sep 27, 2007 5:31 am Post subject: |
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bellum99 wrote: |
They did sell the coffee under the label " Hot Coffee" and a person assumes that it is hot. They even have pictures on the side of the coffee to show that it is hot..in case you are really stupid or can't read. |
They did not sell it under the label "Extremely hot coffee served at a temperature we were warned not to serve it at an which is too hot for the cup in which we will serve it." |
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tzechuk

Joined: 20 Dec 2004
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Posted: Thu Sep 27, 2007 7:06 am Post subject: |
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Ya-ta Boy wrote: |
Although it sounds weird, Korea does have this Asian thing going where responsibility is shared. Individualism is a Western thing. |
Geert Hofstede!!!! |
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Scotticus
Joined: 18 Mar 2007
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Posted: Thu Sep 27, 2007 7:33 pm Post subject: |
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CentralCali wrote: |
I suppose I can see the judge's concern if the passengers had been awake and fully aware of the driver's drowsiness. It could be viewed along the lines of a sober person getting into a vehicle with a driver he knows his drunk. That's completely irresponsible. |
What moron is going to drive in a car with someone who's drunk/falling asleep? If you're sober, why the hell would you not be driving? That's Darwinism at it's finest that you could be in a car with someone who is actively putting your life in danger and you just sit back and do nothing. |
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CentralCali
Joined: 17 May 2007
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Posted: Thu Sep 27, 2007 7:42 pm Post subject: |
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That's exactly my (and, evidently, the judge's) point. The odd thing, though, is that quite a few people do get into vehicles as passengers in just that situation. It truly amazes me. |
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Theda

Joined: 19 Apr 2006 Location: Australia
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Posted: Thu Sep 27, 2007 7:45 pm Post subject: |
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GoldMember wrote: |
Yea and if some dummy at McDonalds spills coffee on herself, and gets burnt, it's McDonalds fault because the coffee is too hot. |
From http://www.caoc.com/CA/index.cfm?event=showPage&pg=facts:
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A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. |
No business should serve a drink hot enough to cause third degree burns which require skin grafting, and they had a history of quietly paying people off when they were scalded by their coffee - hence McDonald's knew full well they had a problem and should have served the coffee at a lower temperature. |
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flummuxt

Joined: 15 Mar 2007
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Posted: Fri Sep 28, 2007 2:19 am Post subject: |
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I'm not sure what the connection is the hot coffee. Most educated people know that water boils at 212 degrees F. Now, if the water were hotter than that, I could see suing. Also a Nobel Prize for McDonalds.
Say, I wonder if passengers are now liable for accidents by cab drivers? Or bus drivers? Should we get off the bus or out of the taxi cab if we doubt the driver's competence? Should we buy them hot coffee if they are sleepy? Or just pour it on them?
What should we do if we go in for surgery and suspect the surgeon is sleepy? Or incompetent? Are we partially iable if they leave a forceps inside us? |
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CasperTheFriendlyGhost
Joined: 28 Feb 2007
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Posted: Fri Sep 28, 2007 2:33 am Post subject: |
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The woman in question from the McDonalds was a 68 year old grandmother who suffered 3rd degree burns on her crotch. McDonald's continues to serve coffee hot well past the point of being able to drink it on the assumption that people will let it cool before they drink it. If you ever worked at a McDonald's when you were a teenager, you know how hot th damn stuff is. then they didn't put the lid on tight and a woman was horribly injured. Then the award to the woman was reduced and the spin machine portrayed her as a poster child for litigation gone wild.
So the system works - blame the victim. You will be held responsible. Because in this world, no one is innocent. The fact that you are riding in a car or buying a cup of coffee means you share the guilt. |
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contrarian
Joined: 20 Jan 2007 Location: Nearly in NK
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Posted: Fri Sep 28, 2007 2:40 am Post subject: |
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That one makes some sense. The passengers can and should so soething. |
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