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Sunday, 7 March 2021

Monday block 3

Credit: WTAT
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Monday block 3
Monday block 3
Lawsuit case

That's next.

Hey, y'all, my hair has been like this for about a month now.

It's not by choice.

I like to finish it off, just to keep it in place.

I didn't have any, so i used gorilla glue.

Bad, bad, bad idea.

Leyla: by now we've all heard of the unfortunate saga of the lady who decided to use gorilla glue spray in her hair.

Despite the lawsuit, it raises the legal question, would chef a case or get laughed out of court?

Joining us is day of hoffman, and this is the story that has been sweeping the nation, no one can understand why and she spray a building adhesive, not just elmer's glue but a building adhesive in her hair, thinking that it was going to be safe?

Yeah, i don't have an answer to that.

It just doesn't seem like the kind of thing that you would look at.

Because it was to be replaced with hairspray.

She had run out of actual hairspray is what my understanding is.

She ran out of hairspray and decided to use gorilla glue spray in place of beauty supply hairspray.

Leyla: exactly and i want to make very clear that she has refuted claims that she's going to file a lawsuit against the gorilla glue manufacturer, so there are no pending cases at this point.

But on its face, it sounds like a non- starter.

Is it?

It does sound like a non- starter.

The only thing that i would caution with things like this, there's a big difference between the case that's i'm going to reference, and that is that she has been all over social media.

She posted the event itself or shortly thereafter and comments.

And there's a lot of evidence out there that she has posted on social media.

But to the question of whether or not it's a frivolous lawsuit, we don't know what has been published at this point throug regular media.

I think back to that hot poppy case out of florida, and that was a case where insurance companies latched onto that case, because the initial fact scenario, that lady picks up really hot coffee, puts it on her lap, spills it and gets millions of dollars, and that was easy based on a superficial level of facts to spin in favor of the insurance company, there are so many frivolous lawsuits.

Leyla: and they made fun of that case too, because people said it sounds so ridiculous, but in fact, it had quite a lot of merit.

Most people don't know the true facts of that case.

Number one, mcdonald's had been warned over and over and over again that their coffee was hurting people.

It was at a level, they were able to get their coffee machines to produce coffee that was hotter than boiling is what my understanding was, and a lot of people were getting hurt and mcdonald's knew they were getting hurt but there were records from a board meeting or something along those lines, that mcdonald's, they evaluated their cost of defending lawsuits and payouts from the profit they made with the coffee and decided to continue to produce coffee at that temperature, though they knew it was hurting people and that's what the jury heard.

The people that make up the jury, they're the same people that are on the streets and walk behind you at the checkout line, and they are the people that you run into on a daily basis, so for a lawsuit to garner a recovery such as the hot coffee case, there was a lot of evidence that really really upset this jury against mcdonald's, and in fact, the fugitive damage in that case was one day of coffee profits for mcdonald's and that's what they awarded.

One day of their percentage of profit from coffee.

That being said, and i go through that litany for this purpose: what i know about the gorilla glue -- say that 10 times fast.

This gorilla glue case is slightly different because most of it has been published by her, even.

So i don't know if there's some other information out there, where gorilla glue knew that people were going to be using this on hair, and let's not put hair on the label.

But let's put skin, because we know that we want people to use this on their hair secretly.

Leyla: back, and we're chatting about the gorilla glue sag a a lady who sprayed gorilla glue in her hair, as opposed to putting hairspray, which caused, as you can imagine, terrible ramifications.

But we have been talking about whether or not she could potentially have a case because of her bad decision.

And you were starting with the thought, before we went to break, david, and i so rudely interrupted you.

No, nothing rude at all.

What i was going to say is i have read some other lawyer opinions on this matter.

And it's probably about 50/50 whether or not they think that the claim would have any value, and that depends to center around the warning label didn't specifically say hair, and it's an inviting color, and it's a pleasant looking gorilla on the label, which me personally, i'm not sure that's going to hold water, that the gorilla looked inviting so i sprayed adhesive into my hair and the other thing, when these lawyers were asking these questions, it was being paraphrased and being reported flu media outlets, and i haven't had an actual conversation with them.

But it's about 50/50.

Me personally with the facts from what i understand them on social media and what she has posted herself, i don't see much coming from this.

Jen: this poses the question, when common sense eludes us, does the company have to think of every possible scenario and putting it on the warning labels and anticipating a potential bad decision?

The quick answer to that is of course not.

In the hot coffee case, the issue was mcdonald's was warned over and over again, your coffee is hurting people, it's hurting adults, it's burning people.

And they chose not to do it.

So what i would suggest, as a businessman myself, if every time somebody walks in my lobbying they were slipping and falling, i would think at some point instead of a warning, to put traction down in the lobby, and common sense works both ways.

If you are turning out a product that you start to find out is causing damage to people, i think it does at some point fall on you to make those changes.

But if somebody comes along and puts on a -- i don't want to keep falling back to this example because we don't know all of the facts, but spray on gorilla glue, instead of using hairspray, if that happened in real life and that's the extent of the facts scenario, i feel pretty confident that that's probably about where it's going to stop.

And incidentally, she's now saying that she does not plan on a lawsuit.

Leyla: well, and that's good to know, and it certainly hasn't stopped anybody else from trying t.

And it sounds like there's already another case that has emerged that someone else has applied glue on their hair, and i think we'll leave it at that.

People need to make better, safer decisions, so i think that the take away is don't use a building supply on your hair.

Don't inject bleach to try to cure covid-19.

Things like that, common sense.

Leyla: no, we don't be doing any of those balds things.

David, thank you for joining us.

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