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Author Topic: Any lawyers here?  (Read 1126 times)

crabby3

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Any lawyers here?
« on: October 08, 2016, 11:13:05 AM »
Supposedly a 50 yr. old Florida woman died of a heart attack and her death was attributed to Hurricane Matthew.

If this woman was my mom or relative and she panicked easily, like my mom did, I'd be blaming The Weather Cannel for her death.

IMO Their undue hype about 'possible' dangers were very misleading.  Trying to make things seem worse than they really are or were.
Preying on people who've never been through one.

Couldn't TWC be held accountable for this woman's death?

P.S.  The Bahamas-roof-lift-off video was shown again and again.  The roof-half came up like a post Wilma DIY project.  Like it was held on by gravity.

FWIW  Matthew was a strong storm when it was offshore of Ft. Lauderdale.  But the keyword here is offshore.  About 40 friggin' miles offshore.
Too far to cause any 'possible' death or destruction.  There were wind gusts here and there but you had to be outdoors to notice.
The small amount of rain was vertical and more of a sprinkle.  No flooding. No floating cars. No reason to panic or run away.  No loss of power; didn't even blink.

holt

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Re: Any lawyers here?
« Reply #1 on: October 19, 2016, 12:55:02 AM »
I'm not a lawyer, but this is a traditionally time-worn subject for which some of the more well-known protagonists are weather forecasters, and either farmers or fishermen, for whom accurate forecasts are of great importance.
I already was aware of this, but realized I did not know the answer to the question of legal liability, and your post made me curious.
Here is an answer, of sorts; Someone to Blame: Legal Liability for Weather Forecasts.
BTW, purely FYI, a female newscaster who gives the weather report or forecast is a 'weather bunny', as shown here; Wanda The Weather Bunny" (Commercial, 1971). 8)
"This is the best bad idea we have, sir. By far." (cf. 'Argo'.)

MilesAhead

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Re: Any lawyers here?
« Reply #2 on: October 19, 2016, 01:20:59 PM »
I wonder if TWC has a disclaimer hidden in there someplace that weather forecasts are "for entertainment purposes only?"  :)

As for anything government related they usually just cite Sovereign Immunity and refuse to discuss the matter.  Then again I am not an attorney and all the stuff I have heard is just that.  Hearsay.  :)

Anyone know what Perry Mason has to say about it?

crabby3

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Re: Any lawyers here?
« Reply #3 on: October 21, 2016, 09:59:17 AM »
I'm not a lawyer, but this is a traditionally time-worn subject for which some of the more well-known protagonists are weather forecasters, and either farmers or fishermen, for whom accurate forecasts are of great importance.
I already was aware of this, but realized I did not know the answer to the question of legal liability, and your post made me curious.
Here is an answer, of sorts; Someone to Blame: Legal Liability for Weather Forecasts.
BTW, purely FYI, a female newscaster who gives the weather report or forecast is a 'weather bunny', as shown here; Wanda The Weather Bunny" (Commercial, 1971). 8)

Thanks for your info, Holt.

I figured this subject had already been addressed in the past... somewhere.

Your first link was very informative.  Yes, it was overturned but what would $1.25 million be in today's money?

The Weather Bunny parody brought back memories of simpler time.  Though all 3 of my news/weather channels had zero women... men only.  :-\

MilesAhead

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Re: Any lawyers here?
« Reply #4 on: October 21, 2016, 10:56:16 AM »
The Weather Bunny parody brought back memories of simpler time.  Though all 3 of my news/weather channels had zero women... men only.

I liked the ones where the woman had to write on the glass backwards.  They were standing behind a glass weather map with a white crayon.  For the viewers to read what they wrote they had to write it on the glass backwards.  Not only that but often they wore outfits similar to a magician's assistant.


crabby3

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Re: Any lawyers here?
« Reply #5 on: October 21, 2016, 11:03:11 AM »
I wonder if TWC has a disclaimer hidden in there someplace that weather forecasts are "for entertainment purposes only?"  :)

As for anything government related they usually just cite Sovereign Immunity and refuse to discuss the matter.  Then again I am not an attorney and all the stuff I have heard is just that.  Hearsay.  :)

Anyone know what Perry Mason has to say about it?


The Wither Channel always seems a little over-the-top, during a hurricane but their version of Matthew was just crazy, IMO.

The disclaimer is probably the show itself.  Like WWE or NASA's Unexplained Files.  ;D

Did Perry Mason ever lose a case?

crabby3

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Re: Any lawyers here?
« Reply #6 on: October 21, 2016, 12:00:41 PM »
The Weather Bunny parody brought back memories of simpler time.  Though all 3 of my news/weather channels had zero women... men only.

I liked the ones where the woman had to write on the glass backwards.  They were standing behind a glass weather map with a white crayon.  For the viewers to read what they wrote they had to write it on the glass backwards.  Not only that but often they wore outfits similar to a magician's assistant.



Everything backwards.  Right to left.  Sounds difficult for any gender.  :(

MilesAhead

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Re: Any lawyers here?
« Reply #7 on: October 22, 2016, 07:52:38 AM »
Did Perry Mason ever lose a case?

I remember him losing one case in the original 50s/60s series.  Probably just as a shocker to boost ratings.  On the retro TV channels I used to get a kick out of the Perry Mason shows when they started with the pilot and played them in order.  At first Burr and his P.I. "Paul" were lean and hungry.  As the show became successful they both obviously indulged in La Dolce Vita.  Burr must have been 200 LBS heavier in the last show than in the first episode.

wraith808

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Re: Any lawyers here?
« Reply #8 on: October 22, 2016, 11:03:00 AM »

MilesAhead

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Re: Any lawyers here?
« Reply #9 on: October 22, 2016, 04:16:54 PM »
http://www.perrymaso...ook.com/pmb_c209.htm

Interesting.  I should have known it was a switcheroo.  The Superman comic book used to drive me nuts with the "Superman dies" bit.  It got to the point they would put "Not a robot.  Not a dream.  Not a parallel universe."  Plus five other disclaimers.  Then they would unload a new gimmick like a possible future that never happened or some crap, to get out of it.   ;D

MsDayna

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Re: Any lawyers here?
« Reply #10 on: October 22, 2016, 10:30:38 PM »
You would have to prove intent to panic. There would have to be mass hysteria.

Scaring one woman to death isn't a case.

This kind of thing falls squarely on the 'Good Samaritan Act'.  You cannot be charged with giving too much aid... only not enough.

Dayna.


MilesAhead

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Re: Any lawyers here?
« Reply #11 on: October 23, 2016, 08:12:31 AM »
You would have to prove intent to panic. There would have to be mass hysteria.

Scaring one woman to death isn't a case.

This kind of thing falls squarely on the 'Good Samaritan Act'.  You cannot be charged with giving too much aid... only not enough.

Dayna.



This reminds me of the Orson Welles War of the Worlds radio broadcast.  Likely hyped "panic" as a publicity stunt.  I mean are thousands really going to panic if you tell them Martians are invading?  There would likely be more panic nowadays if there were a news bulletin that the NFL had filed for Chapter 11.  :)

crabby3

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Re: Any lawyers here?
« Reply #12 on: October 26, 2016, 10:09:03 AM »
You would have to prove intent to panic. There would have to be mass hysteria.

If I had bothered to tape TWC's Hurricane Matthew 'show', from beginning to end, I could probably prove intent to panic.

As far as mass hysteria is concerned.  Who's to say there wasn't?  Maybe not in S. Florida but possibly further up the coast?

Scaring one woman to death isn't a case.

How many people have to die for it to be a case?  Ten?  Fifty?

This kind of thing falls squarely on the 'Good Samaritan Act'.  You cannot be charged with giving too much aid... only not enough.

Dayna.


You can't be charged with giving too much unreliable aid?
TWC's Cone of Probability kept showing Matthew skirting the coast up to N. Carolina then taking an abrupt right turn and heading back toward Bermuda.
Only after Matthew made landfall, around S. Carolina, did TWC stop showing that illogical right-turn-graphic.

I bet there wasn't a bottle of water, a can of food, a battery or a piece of plywood to be had in Bermuda.