The old lady at the end of the commercial was always my favorite. Her name was Thelma Goodwin. She really got into the clapping. Did you know there was actually a lawsuit about the clapper? Ms. Hubbs argued The Clapper was defective and that the manufacturer failed to warn that one could injure oneself by banging ones hands together in an action commonly referred to as clapping. Although Ms. Hubbs was 80 years old, the court noted that The Clappers manual stated that [s]enior citizens or handicapped persons who find clapping difficult may prefer to use an inexpensive clicker (cricket), available at most novelty retailers. Thats not quite a warning of danger, but the court held it was close enough. As for the defect allegations, the court rejected those for two reasons. First, plaintiff admitted that the device had a sensitivity control that she had failed to adjust. Second, the court did not believe plaintiffs injuries had been caused by a defect (or by a failure to warn), but were, rather, the sole result of plaintiffs deliberate act of attempting one last extra hard clap after repeated prior efforts had failed to activate the device. I have a vague memory of learning about the one last clap rule in torts class, but then most of my memories of that class are a little vague. youtu.be/5p_Z3Rymb4k
Posted on: Thu, 20 Nov 2014 08:43:31 +0000
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