Sam Fisher sues Best Buy

Master Baiter · Oct 5, 2007

Major, don't you own businesses that are storefronts?

TeamUSA · Oct 5, 2007

SamFisher said:

Really? In all your years of existence, you really think the defintions of "making a mistake" and "negligence" are so distinct, objective and non-fluid that it makes the ranks of one of the dumbest things you have ever heard? That is funny because I got a big fancy law degree and I don't consider it one of the dumbest things I've ever heard, and rather seem to see the two things overlapping. In fact read some jury instructions and you will frequently see the two used simultaneously in the same sentence.

I made a mistake and thought I closed the barn door, rather I left it open. The horse got out and trampled somebody to death. Mistake - not negligence?

I fired a shotgun into a playground, mistakenly thinking Jack the Ripper was there.. Mistake - not negligence or recklessness?

The definition of negligence is the standard "reasonably prudent" test. You are telling me that a mistake or series of mistakes would not lead be probative as to whether the defendant was being "reasonably prudent"? I find this simply not credible or rational - and you don't need a law degree to know that.
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great point, heard this already in a courtroom.

codell · Oct 5, 2007

pgabriel said:

you work in insurance? are these issues you deal with?
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Yes (i'm a licensed P&C adjuster in TX) and yes (liability issues in general).

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