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Re: INSTEON: Let the recalls begin ...



"BruceR" <br@xxxxxxxxxxxxxxxx> wrote in message

> Well, as they say, "You can tell the Pioneers by the arrows in their >
backs!"  We do seem to be getting our share of arrows but the
> overall  benefits will probably be worthwhile.

What would those overall benefits be?

> If I were paying an electrician to change these things I'd be pissed
> but, as you point out, our time is worth nothing (unless somebody
> else is willing to pay for it).  Even if I have to replace everything, I
> can do it all in a day -

But as my econ prof said "Wouldn't you rather be doing something else you
*wanted* to do that day?"  Lost opportunity costs are hard to see, but
they're there.  If SmartHome had to pay the full freight of the SwitchLinc
recall (electricians, lost time, potential home wiring damage) their bottom
line would be bathed in red ink.  I don't know what their warranty says, but
I'm betting they went to great pains to exclude liability for true recall
costs.   The trouble is that in some states, you can exclude whatever you
want but the courts have the final say whether those exclusions are
sustainable.  My guess is that in consumer-friendly California, Smarthome's
at risk.

I'll bet someone's already proceeding against them in court for those true
costs.  (Anyone have Lexis access to see for sure?)  If it's like any other
industry, they'll settle up with the complaintants that have threatened
legal action and those consumers will get a much better deal than most
because I am sure Insteon is desperate to avoid a court case over the
SwitchLincs.  Why?  Well, if they lose, it might set a precedent for them
having to pay those true costs for all the other Insteon users affected by
the flicker problem.

Civil cases often focus on what it makes to make the plaintiff "whole"
again.  In this case, that might easily include the cost of jacking out all
the Insteon switches and replacing them with what was there before.  It
could easily become worse if some former Insteon employee releases
embarassing documents to the web (as has happened with other company's
product liability suits) that make their way into litigation.

I salute you, brave pioneer, but I wouldn't want to BE you! :-)

Oh, and the trick to the arrows is to break off the fletching and push the
arrow THROUGH the wound.

--
Bobby G.





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