View Poll Results: WHAT SAY YOU?

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  • Yes, he has a valid case

    3 12.00%
  • No. Not a chance of a frozen object in a really hot place!

    22 88.00%
  1. #1
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    Default What Say You? Does He Have A Case?

    Camper Sues Aftershave Maker After Igniting
    Man Suffered Burns Over 30 Percent Of Body

    POSTED: 10:27 pm EDT September 12, 2007

    A Milwaukee man suffered serious burns during a camping trip and is suing the company that makes his aftershave, reported WISN-TV in Milwaukee.

    Federal court records filed this week show that Charles Lewitzke, 81, was at the Arrowhead Campground in the Wisconsin Dells with his kids and grandchildren in 2004. He washed and shaved in a bathroom and afterward applied Brut aftershave on his neck and face. He also used an aerosol deodorant.

    Documents said that after grooming, he walked to a fire pit to cook breakfast. When he was starting the fire, the body parts that had Brut on them ignited, seriously burning 30 percent of his body. The second- and third-degree burns needed skin grafts in some areas.

    Lewitzke is suing Brut's manufacturers and the retailer where he brought the two products, Wal-Mart, for damages.

    Legal expert Jeanine Geske said the case was an interesting one.

    "At first blush this seems like it's not going anywhere but it may have some appeal," Geske said.

    The Brut products do say they're flammable and shouldn't be used while smoking or near a fire, but Lewitzke's lawyer argued that doesn't suffice because Lewitzke didn't actually use the products by the fire.

    "They're arguing they did not say, 'After you put it on you remain flammable for a period of time,'" Geske said.

    Geske admits that Lewitzke does have a point, but she predicts the defendants will say the argument is a stretch.

    "The company will fight hard to say, 'Look that's a sufficient way to say, that should tell you not to be around a flame while you still have the product evaporating off your body," Geske said.

    The suit is requesting an unspecified amount of damages.

    Distributed by Internet Broadcasting.
    If you don't do it RIGHT today, when will you have time to do it over? (Hall of Fame basketball player/coach John Wooden)

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  2. #2
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    Idiot...That said he will probably get $$$$$$$$$.
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  3. #3
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    I vote no...he must have showered in the after shave, its hard to imagine just a couple splashes that would normally be applied could have created enough vapors to light him up like that. I think this is an unforesee-able event and the makers couldn't/shouldn't have to warn about being near open flames minutes after use of their product.

    Did they mention what brand of lighter fluid he was using to start the fire? Maybe he'd have better luck going after them

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    I would love to say that he's got no case at all. But all of us know that doesn't matter. More frivolous cases have been won. Like the chick that got burned by McD's coffee and sued...won because no where did it say the coffee was hot.

    I've seen people's sigs on here stating that as long as there are stupid people there will be firemen. Having said that, and read this, I'd say firefighting is the most secure job there is.

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    How much did he put on? I guess its possible, but it never crossed my mind. Id say yeah, he might have a bit of a case.

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    Quote Originally Posted by SapphyreBlues View Post
    I would love to say that he's got no case at all. But all of us know that doesn't matter. More frivolous cases have been won. Like the chick that got burned by McD's coffee and sued...won because no where did it say the coffee was hot.

    I've seen people's sigs on here stating that as long as there are stupid people there will be firemen. Having said that, and read this, I'd say firefighting is the most secure job there is.
    As I understand it, the McD's coffee thing got overturned and in the end no money was paid because no "reasonable person would have expected HOT coffee to be other than HOT coffee" and that appropriate precautions would be expected.

    However in this current situation, although I dont agree that he has a valid law suit, I also anticipate this one going the way of the DC Lawyer And His Lost Pants Law Suit.
    If you don't do it RIGHT today, when will you have time to do it over? (Hall of Fame basketball player/coach John Wooden)

    "I may be slow, but my work is poor." Chief Dave Balding, MVFD

    "Its not Rocket Science. Just use a LITTLE imagination." (Me)

    Get it up. Get it on. Get it done!

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  7. #7
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    The kid in me is thinking about going to buy some brute and doing some experiments in the back parking lot.
    Even the burger-flippers at McDonald's probably have some McWackers.

  8. #8
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    What gets me is who the heck puts aftershave on when camping anyhow? All those nice smelling products attract big mosquitoes!
    If you don't do it RIGHT today, when will you have time to do it over? (Hall of Fame basketball player/coach John Wooden)

    "I may be slow, but my work is poor." Chief Dave Balding, MVFD

    "Its not Rocket Science. Just use a LITTLE imagination." (Me)

    Get it up. Get it on. Get it done!

    impossible solved cotidie. miracles postulo viginti - quattuor hora animadverto

    IACOJ member: Cheers, Play safe y'all.

  9. #9
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    i voted no,no chance but who knows if he has a great and talkactive lawer,lol.
    "sauver ou périr"

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  10. #10
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    Quote Originally Posted by MalahatTwo7 View Post
    What gets me is who the heck puts aftershave on when camping anyhow? All those nice smelling products attract big mosquitoes!
    Grounds for his next lawsuit...."You never warned me this product would attract moquitos!!"

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    If there is a brain cell in the jury, the answer would be no.

    I feel sorry for the poor guy but not enought to give him some money.

  12. #12
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    Quote Originally Posted by SapphyreBlues View Post
    Like the chick that got burned by McD's coffee and sued...won because no where did it say the coffee was hot.
    G_d I hate it when people cite that case...

    Do you actually know any facts about that case? It sounds frivalous on the surface but, if you look into it, it's not nearly as trivial as you'd think. The amount the court awarded makes a certain amount of sense. (Even though the amount she actually got isn't public knowledge.)

    As for aftershave boy... Who the hell put's aftershave on 30% of their body? Especially something as repulsive as Brut?!?! He might as well have bathed in rubbing alcohol...
    "Nemo Plus Voluptatis Quam Nos Habant"

    The Code is more what you'd call "guidelines" than actual rules.

  13. #13
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    Quote Originally Posted by MalahatTwo7 View Post
    As I understand it, the McD's coffee thing got overturned and in the end no money was paid because no "reasonable person would have expected HOT coffee to be other than HOT coffee" and that appropriate precautions would be expected.
    Oh didn't know it was overturned. That's good. I'd hate to think something like that stuck.

  14. #14
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    I agree there is a lot of personal responsibility here, but let's leave the stinky guy out of it for a moment.



    Is there a standard that limits the flamibility and burn rate of the health and hygiene products produced today?

    He's not the first idiot to light himself on fire with a beauty care product (lets leave Michael Jackson out of it too please ). Is there an ethical or legal responsibility of the manufacturer to ensure the safety of thier products? If not, Should there be?


    We sent the toys back to China because of the lead paint, and the chance that a kid will get sick down the road. Lawsuit aside, is this a safety issue worth some attention?
    Never argue with an Idiot. They drag you down to their level, and then beat you with experience!

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    Quote Originally Posted by SapphyreBlues View Post
    Oh didn't know it was overturned. That's good. I'd hate to think something like that stuck.
    It stuck. Here's a link: http://en.wikipedia.org/wiki/McDonald's_coffee_case

    (Not the best source but the essential facts are all there.)
    "Nemo Plus Voluptatis Quam Nos Habant"

    The Code is more what you'd call "guidelines" than actual rules.

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    Given that aftershave and hand sanitizer both have alcohol as a major ingredient,it shouldn't take too much common sense to know that you shouldn't play with fire soon after applying either product.
    But then people are starting to think that if something bad happens to them,they should hit the lottery from a big company.

  17. #17
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    Quote Originally Posted by DeputyMarshal View Post
    It stuck. Here's a link: http://en.wikipedia.org/wiki/McDonald's_coffee_case

    (Not the best source but the essential facts are all there.)
    I go to wikipedia some. So I'm familiar with it Did not know it the ruling was upheld after all. 3rd degree burns. Ok the coffee was, to say the very least, too hot. But she should have known better than to put hot coffee between her knees ....

  18. #18
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    But she should have known better than to put hot coffee between her knees ....
    DING DING DING! WE HAVE A WINNAAAHHH.

    You are so very correct, Sapphyre, but then that would have required that the individual use Common Sense (aahhemmm) and apparently it was lacking either on the day in question or overall in personality.
    If you don't do it RIGHT today, when will you have time to do it over? (Hall of Fame basketball player/coach John Wooden)

    "I may be slow, but my work is poor." Chief Dave Balding, MVFD

    "Its not Rocket Science. Just use a LITTLE imagination." (Me)

    Get it up. Get it on. Get it done!

    impossible solved cotidie. miracles postulo viginti - quattuor hora animadverto

    IACOJ member: Cheers, Play safe y'all.

  19. #19
    Savage / Hyneman 08'

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    Since this is happening in my neck of the woods ( no bad humor intended ) I must say that the local radio stations have asked the same question that first came to my mind:

    If this happened in 2004, why is the lawsuit being filed now, 3 years after the incident?

  20. #20
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    Quote Originally Posted by DFDMAXX View Post
    If this happened in 2004, why is the lawsuit being filed now, 3 years after the incident?
    Standard operating procedure for lawyers. Up here you have three years to file, and you wait as long as possible. Part of my job is risk management for the ski hill, and we never see a suit until the last month of eligibility.

    The longer you wait to file, the better your odds of:

    -Witnesses moving on and not being available to testify.
    -Evidence, internal investigations, and paperwork being lost.
    -Your own side has more time to investigate and turn up repeat incidents or useful evidence (including now-disgruntled employees).
    -New managment who is unprepared to defend the old case, and is willing to settle to "Make it go away".
    -Etc...
    Never argue with an Idiot. They drag you down to their level, and then beat you with experience!

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  21. #21
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    Wow... all the insults baggin' on the old man. He was 81 years old for pete's sake. Old folks make mistakes, like put on too much aftershave, not think about it and go and try and cook everyone breakfast. But hey i dont see what is to be gained for slammin' the old fella.

    Now with that said, it sucks he got burnt, but i just chalk it up to one of those things.

    I just hope others learn from his mistake.

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    Quote Originally Posted by MalahatTwo7 View Post
    As I understand it, the McD's coffee thing got overturned and in the end no money was paid because no "reasonable person would have expected HOT coffee to be other than HOT coffee" and that appropriate precautions would be expected.
    My friend, you understand it incorrectly. She had her lawsuit knocked down 20% due to personal responsibility; 160,000 was paid in compensatory damages, with 2.7 million in punitive damages (the 2.7 million was later reduced to $480,000), with the judge calling McD's actions "reckless, callous and willful".

    http://www.lectlaw.com/files/cur78.htm
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  23. #23
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    Quote Originally Posted by MalahatTwo7 View Post
    [b]

    DING DING DING! WE HAVE A WINNAAAHHH.

    You are so very correct, Sapphyre, but then that would have required that the individual use Common Sense (aahhemmm) and apparently it was lacking either on the day in question or overall in personality.
    WOOHOO!! What do I get?!

    Am I the only one that finds common sense isn't so common? Some people are not all that acquainted with it.

    Don't get me wrong. I feel for the woman. Hey, I'm a woman too...and I wouldn't wanna get burned with coffee... um...where she did

    I do have a few things to add. First of all...duh! cupholder! And another thing... what kind of thermal insulation did those cups have to where she couldn't feel that amount of heat when taking the coffee? It gave her 3rd degree burns so it was bound to be hot. If those cups insulate that well, y'all need to give up turnouts and start using them...

  24. #24
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    Quote Originally Posted by mcaldwell View Post
    Standard operating procedure for lawyers. Up here you have three years to file, and you wait as long as possible. Part of my job is risk management for the ski hill, and we never see a suit until the last month of eligibility.

    The longer you wait to file, the better your odds of:

    -Witnesses moving on and not being available to testify.
    -Evidence, internal investigations, and paperwork being lost.
    -Your own side has more time to investigate and turn up repeat incidents or useful evidence (including now-disgruntled employees).
    -New managment who is unprepared to defend the old case, and is willing to settle to "Make it go away".
    -Etc...

    Holy crap. Sneaky, them lawyers.

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