Viper did sidepipes, Ford better figure "how to"!

Gotta have 'em!

Ernie

Mr Bruce,

I agree, but I think I counted more spokes ;)
No, that is not our SEMA car in the background. :(
We found out about the new Cobra the same time as everyone else.

The front of the car reminds me of .... the Edsel. No, really. Imagine a chrome grill on the snout and ta-da, Edsel!

Pete,

It's sales success may as well.

I just got the latest Automobile magazine, and I must say Chevy has done a good job facelifting the new Vette.

I think the new Ford Cobra should have shielded sidepipes. Its part of the Cobra persona. It has lines of both the 427 and 289 but needs its edges rounded and curved more. Its too square.

As to that McD's verdict. Its was actually justified and appropriate once you know all the facts. Again the press and insurance industry twisting things to poison the well of public opinion.

Real 1,

It is a little fuzzy but didn't she get a percentage of the coffee sales for a day related to the punitive damages? Perhaps I am thinking of a different case. The award was related to punishment, rather than what the value of her injury was....can't remember for sure though. But McD's sure sells a crap load of coffee if it was a percentage of the sales!!!!!

If McD's was aware they were making the coffee dangerously hot to cause severe burns then they deserved the award against them.

Strike two, Bud.

Harley's doing a spirit deal at Buick :cool:

Jason: Bingo. You are absolutely correct. There was even a remititur granted by the judge reducing the award. but the press still blew it out of proportion and the industry and big business interests totally twisted and distorted the case. Of course the insurance industry did nothing to clarify what really happened. Now people think of it as just a prime example of plaintiffs getting "lots of money for ridiculous claims" which in large part is not true.

The compensatory award in the McD case was fair in light of the severe injuries and burns. The punitive aware was a small percentage of one days coffee sales for McD's.

Everythings relative.

You win some, you lose some.


You just can't trust those darn insurance adjusters!

I would like to know the liability issues if a small child walked up to your recently parked cobra at a car show and got a severe burn,from the side pipe, causing a life time scar. We ALL know how hot they get. Seems like some lawsuits waiting to happen. Here in PA side pipe shields are mandatory for Pennsylvania Special Construction status.

I am not an attorney but depending on the age the child is without fault PERIOD. I suppose they coudl file a claim against your Medpay on your policy if you carry it. As for the state requiring it and if you didn't have the heat shield on you might open yourself up or invite a lawsuit.

How long does it take the pipes to cool down? You might want to put up cones or not allow people until they cool down as a precaution.

Also depends on the state this would happen in. That is why you have insurance. If you pay on time I wouldn't worry and let the insruance company defend or settle the kids barb b q'd arm, hand or leg.

Just do what is reasonable or what you feel you should do to prevent such an accident and you should be ok.

Mr. Bruce: Good question. I have always thought it would expose an owner to liability. I think the child may in fact have a decent claim.

You as an owner know that the pipes get extremely hot, especially with stainless or chromed pipes. Others not as familar with the fact that the pipes do get extremely hot, especially children who don't appreciate or understand won't fully apprehend the danger. Its clearly forseeable that someone could get seriously burned when looking at the car. These cars bring lots of attention and in fact the object at many events is to show the car off and have people look at the car. It could be argued that the owner should reasonably have warned about the danger and protected against it.

As we all know burn injuries are extremely painful. In fact studies have shown that they are probably the single most painful injury a person can sustain. Lower extremity burns are subject to infection and other complications.

I many times wait by my car in crowded areas like cruise nights until the pipes have cooled down and specifically watch to make sure kids don't get too close to side pipes.

Yeah, the issue of someone burning their leg on the sidepipes has in fact been discussed before.

If I recall the general consensus of opinion was "Let the owner beware." I know I am concerned and at one point was VERY worried a young ladys parents might sue me. That didn't happen, but then again, I'm not FORD!

Ernie

What about motorcycles? Most, if not ALL, motorcycles have exposed, HOT exhaust pipes. I believe that if a not-properly supervised child walks up to any car, motorcycle, or anything else, touches something that the child SHOULD NOT BE TOUCHING AT ALL, then its the child's fault. TOO BAD.

Jason, do you mean to say "The child is without fault PERIOD", or the vehicle owner is without fault PERIOD?

Depending on the age the child is without fault. As they get older then comparative can be attributed accordingly. At least this is my understanding. Again I am not an attorney.


Case in point, we insure a hotel in New York City that has huge glass windows. Child of 4 is running through the lobby right into one and shatters it. I forget the case study off hand but to sum it up the courts did not want to create conflict within the hosue hold, the parents cannot be held liable or brought in as an at fault party against their own child.....we were on the hook. There is no crap just happens and juries do not let scared little 4 year olds walk away with zero. A child knows no different at that age and somebody has to pay the bills and for their suffering.

Jason: Wow. Thanks for that insight.

Well its not just that "someone" has to pay the bills.

Responsibility is based on legal liability. If there is no negligence then there is no liability.

Certain operators such as mass trasit or innkeepers have a higher standard of care.

A child as a matter of law under the age of 7 in New Jersey at least cannot be found negligent as a matter of law. This makes obvious sense. Parents cannot be held responsible for failing to exercise simple parenting supervision. This is based on public policy considerations that it would be more harmful to society if we started holding parents responsible everytime they were negligent in their parenting responsibilities.

The hotel that got sued because a 4 year old ran through a plate glass window probably settled because a viable argument could be made that in places of public accomodation such as Inns which "invite the public" for profit its foreseeable that their will be small children. Where there is small children there is running. Where there are children running there should be safety glass, which is readily available and inexpensive, on plate glass doors and windows etc.. to keep children and others from walking or running through them and getting killed. There should also be markings on such doors so that you see the glass.

Edley: You point about the motorcycle is a good one. Arguable liability there too with regard to a child.

"The hotel that got sued because a 4 year old ran through a plate glass window probably settled because a viable argument could be made that in places of public accomodation such as Inns which "invite the public" for profit its foreseeable that their will be small children. Where there is small children there is running. Where there are children running there should be safety glass, which is readily available and inexpensive, on plate glass doors and windows etc.. to keep children and others from walking or running through them and getting killed. There should also be markings on such doors so that you see the glass."


My file notes almost to the "T".....yes I made the decision to settle and the insured was not happy and could not understand. They have since then put up stickers and chairs along the windows. My field adjuster said they even had a hard time being able to tell where the windows were. Like the time when we walk through our arcadia doors right after the wife cleaned them and did not tell us.

Ever get a slight though intensive "burn" after getting into a car with a hot vinyl seat? Ever touch the hot bumper of a car sitting in the sun? Granted, not as hot as a sidepipe or muffler, and I dont know EXACTLY where I am going with this thought, but.......

...just a slight nudge to get this thread back on topic.

Styling Ques in new Ford Cobra

Thanks