Innovative new product

[viper37]

You can't stop innovation

New York Times comment

he,he
One comment I like:

* "Here in Massachusetts, they have some law that learner drivers can't drive without a licensed passenger. With the Laptop Steering Wheel Desk, my daughter is now able to sit her MacBook right there in front, and I can supervise her driving over Skype, from the comfort of my couch!"

[Ed Anger]

Supervising a teenager learning to drive is like staring at Satan in the pit.

[KRonn]

he,he
One comment I like:

* "Here in Massachusetts, they have some law that learner drivers can't drive without a licensed passenger. With the Laptop Steering Wheel Desk, my daughter is now able to sit her MacBook right there in front, and I can supervise her driving over Skype, from the comfort of my couch!"

That is funny stuff.  Actually sounds more dangerous as the kid tries to cope with the laptop and making sure that Skype is connected, etc.   

[DGuller]

Reviews on Amazon are awesome.

[Berkut]

My review:

Wow, this really is an incredible time saver!

All the things I can get done while driving - a perfect way to use otherwise wasted time!

However - there is one concern I have, and it relates to safety. And not just anyone safety, but our childrens safety.

I was changing my infant son Mickey the other day, and it occurred to me that if there was an accident, the airbag from the steering wheel could potentially injure the child.

Is there any way to turn the drivers airbag off while using the desk as a child changing table? I just don't think it would be safe otherwise.

[MadImmortalMan]

I like this one:

Wow is this thing great! I use it as a "mini-bar" when the friends and I go out to the bars. I can quickly fix multiple shots of tequila for myself and the friends as we drive from one bar to the next. We also discovered that if you place a pillow on top of it and turn on the cruise control you can catch quick naps on the interstate. If you swerve to the left or right the rumble strips on the road wake you up in plenty of time before you get into trouble. I can now take longer trips without being tired!

Also, i am now dating a midget and she fits nicely on the steering wheel desk which allows us to experiment sexually while driving. This thing is like WD-40 or duct tape, it is a million and one uses!

[Josephus]

Surely that can't be legal.

[sbr]

Surely that can't be legal.

I'm sure there is some kind of disclaimer stating that it is not to be used while driving, which clears the company from liability.

[Josephus]

Surely that can't be legal.

I'm sure there is some kind of disclaimer stating that it is not to be used while driving, which clears the company from liability.

I'm no lawyer, of which there are plenty of here; but I"m not sure that a disclaimer clears a company from any liability.

[sbr]

Surely that can't be legal.

I'm sure there is some kind of disclaimer stating that it is not to be used while driving, which clears the company from liability.

I'm no lawyer, of which there are plenty of here; but I"m not sure that a disclaimer clears a company from any liability.

I am not either, but why should a company be held liable if their product was used in a way it was not "intended"?

Should the maker of my cast iron frying pan be held responsible if I use it to beat a hobo to death?

[Josephus]

Surely that can't be legal.

I'm sure there is some kind of disclaimer stating that it is not to be used while driving, which clears the company from liability.

But the frying pan is not called a hobo basher. Their product description clearly indicates what its meant to do.

I'm no lawyer, of which there are plenty of here; but I"m not sure that a disclaimer clears a company from any liability.

I am not either, but why should a company be held liable if their product was used in a way it was not "intended"?

Should the maker of my cast iron frying pan be held responsible if I use it to beat a hobo to death?

EDIT: MY POST MESSED UP. LET'S TRY AGAIN.

Hmmm...What I meant to say was:

No. The frying pan is not called a Hobo Beater.

The company is clearly marketing this device to use while driving.

[grumbler]

Surely that can't be legal.

I'm sure there is some kind of disclaimer stating that it is not to be used while driving, which clears the company from liability.

But the frying pan is not called a hobo basher. Their product description clearly indicates what its meant to do.

I'm no lawyer, of which there are plenty of here; but I"m not sure that a disclaimer clears a company from any liability.

I am not either, but why should a company be held liable if their product was used in a way it was not "intended"?

Should the maker of my cast iron frying pan be held responsible if I use it to beat a hobo to death?

[stjaba]

I am not either, but why should a company be held liable if their product was used in a way it was not "intended"?

Should the maker of my cast iron frying pan be held responsible if I use it to beat a hobo to death?

Generally speaking(I just studied products liability for the first time in the past few weeks), a company needs to warn against foreseeable misues of a product, and the warning should specify the risks of misuse. Eg- "Using this tray will while vehicle is in motion can result in serious injury or death." I don't think that the manufacturer actually has to design against misuse, for the most part, though in many cases they actually do. For example, certain in-car GPS models actually prevent you from using them while the car is in motion. And every time you activate the unit, they show you a standard warning.

Returning to foreseeable product misues, the general rule is: "Warnings must be provided for inherent risks that reasonably foreseeable product users and consumers would reasonably deem material or significant in deciding whether to use or consumer the product."  That means that foreseeable product misues have to be warned against.
For example, a cologne manufacturer was held to be liable for an incident in which two teenage girls puredthe cologne over a candle in order to "scent" the candle, and the two girls ended up with serious injuries when the alcohol in the fragrance ignited and burned them. Why? Because the manufacturer should have mentioned flammability, presumably. Manufacturers do not have to warn against open or obvious dangers though.

The reason why you have to warn against reasonable foreseeable misues is that the information costs of such warnings are low relative to the dangers of misuse. There are limits to this, as mentioned above.

Generally, if a product can only be designed one way(ie it impossible to design it such that it won't be used in motion), and there are no defects otherwise(design or manufacturing) with the product, and there are no informational(ie warning) defects, liability will not be imposed on the manufacturer even if there are injuries associated with its use. A good example would be pharmaceutical products- there are going to be certain side effects that simply can't be designed out of drugs.

However, certain products could be judged to have manifestly unreasonable designs, even if there is no reasonable alternative design- these are products that are so unreasonably dangerous, and with corresponding low social value, that a court will impose liability for injuries flowing from its use. The common examples for this category are things like prank exploding cigars. I don't know if the driving tray would qualify, but it might- seems to have a very low social utility combined with high unreasonable risks.

Finally, a manufacturer could offer a defense of either assumption of risk or contributory/comparative negligence, depending on the jurisdiction of a potential suit. This would either bar, or reduce any potential damages.

So to answer your question, the frying pan manufacturer would not be liable for your beating a hobo to death(unforeseeable misuse), but the driving tray manufacturer could definitely be in for some trouble.

[Josephus]

Thanks Stjaba...appreciate the time and effort  to prove my point.

[Syt]

The DIY version is far superior.