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I believe there are certain cases where the disclaimer is irrelevant. If
the comsumer can show that it is dangerous and that there should have
been a warning, then the disclaimer is irrelevant.
I agree that the consumer has to take some responsibility however some
things aren't reasonable. For example we rent, and our stove was
replaced a month ago. I consider this model extremely dangerous because
you can (and I have) burnt myself on the oven handle. At temperatures
over 200 C it tends to burn you. What it would do to a small child I
hate to think. Actually I plan to report it to Consumer Affairs. Now my
point is: I do not expect the outside oven door handle to burn you, I
have never met an oven that does this before, so I believe the company
should have warned people in the doco. Actually I don't think they
should be able to sell it, but that's a different issue. IF a small
child burnt themselves on it, I would sue and I suspect have a good
chance of winning, because most oven handles don't burn you.
Basically if the consumer couldn't be expected to reasonably know it is
dangerous, you'd better make sure the doco is right.
PS I've used lots of ovens so this is not normal. Also Any company that
hides behind a disclaimer is likely to be in trouble. A current affairs
show runs a story on the product and its dangers and lack of doco and
sales plummet. The law mightn't get you but public opinion can.
dancer -dot- colleen -at- a2 -dot- abc -dot- net -dot- au