Cold steel Great sword breaking on tosh.0

[stabman]

cutting two pigs in half is the same leage as coffee machine and chopping wood.

Pigs are made of flesh and wood is made of, well, wood.
Not exactly the same thing, and not in the same league either.

But hey, don't let that get in the way of a good old (entirely original, by the way) Cold Steel bashing.

 

[Hoodcanal5]

Yeah wtf is up with the meat bicycle. Daniel tosh even said that if the blade hit the cameraman then he would get a lot of money. He was probably referring to sueing cold steel. Now who would win in that lawsuit a well funded, popular tv show or a knife company where these sort of activities are advertised as within the sword's range of ability. Probably Tosh.0 but i really don't know.

 

[hardheart]

Well, something did happen to the pommel that was not shown. It was bent before Tosh hit the water cooler, and not bent in any other shot. It is also not shown when the pommel was lost. So more like two unseen things happened, the pommel was damaged, and the pommel was lost.

But, did it happen demolishing an ICBM, or spreading cream cheese on a bagel.

He was probably referring to sueing cold steel.

uhh, no, Cold Steel didn't tell the cameraman to stand there while it swung a broken sword in his direction.

 

[stabman]

Yeah wtf is up with the meat bicycle.

I actually thought that the meat bicycle showed an admirable sense of humour on the part of Lynn.

 

[idaho]

Pigs are made of flesh and wood is made of, well, wood.
Not exactly the same thing, and not in the same league either.

But hey, don't let that get in the way of a good old (entirely original, by the way) Cold Steel bashing.

That is true. But if you can stab a car, throw it into car, destroy ice block, a barrel etc etc, the wood doesn't look so hard then.
I KNOW that piece of solid wood is very hard on tools, but "if it is harder than car steel, we should make wooden cars, right?!"
Maybe they dont show cutting wooden logs in half in cs video, but they never say you shouldnt do it. After all, it is GREAT sword.

And the reason of failure? USER, ignoring signs of damage/defect.

 

[stabman]

Maybe they dont show cutting wooden logs in half in cs video, but they never say you shouldnt do it. After all, it is GREAT sword.

And the reason of failure? USER, ignoring signs of damage/defect.

They probably should mention that chopping wood is beyond what it's good for; that would help out.

I also agree that it was user neglect, both in ignoring signs of damage AND in putting a human directly down-range.:thumbdn:

It was a funny episode though!:thumbup:

 

[A.P.F.]

That is true. But if you can stab a car, throw it into car, destroy ice block, a barrel etc etc, the wood doesn't look so hard then.
I KNOW that piece of solid wood is very hard on tools, but "if it is harder than car steel, we should make wooden cars, right?!"
Maybe they dont show cutting wooden logs in half in cs video, but they never say you shouldnt do it. After all, it is GREAT sword.

And the reason of failure? USER, ignoring signs of damage/defect.

Actually, the Morgan sports car used a wood chasis and the WW2 Mosquito bomber was largely constructed of BC plywood. Just saying.

 

[Artfully Martial]

is there a rwquirement to have a disclaimer on a youtube video, or is everyone saying there's no disclaimer on the proof dvd that these clips are lifted from?

and who gets sued, Tosh, or CS? Seems a little muddy with the "imitating Tosh.0 (imitating CS)"

If someone watches a Mythbusters clip missing the disclaimer, where they are testing a myth/movie magic, and then injures themselves, who do they sue, the youtube uploader, youtube themselves, mythbusters, or the movie where the stunt originated?

Do they even have a case? What if they try to catch arrows like the ninja dude did on the show, but take one in the eye? There was a lack of safety glasses there. Did we not expect an ounce of common sense from people at all these days?

Just because you have a cause of action doesn't mean you automatically win. The courts often vindicate common sense in these cases--but the issue of product liabilities, although quite muddy, in the area of warnings, is generally whether the company was sufficiently responsible (to over simplify) in warning the potential customers. This is not the same as whether that warning was actually effective, whether the customer actually read the warning (assuming that it wasn't hidden somewhere) and so on. So, put simply, it's a case of negligence. But then, it's been quite awhile since I studied products liability and I'm not a products liability attorney, so my recollection is open to correction by a more experienced lawyer than I.

But there are probably some contract claims arising here too over the product, but on a mere $500 product, I rather doubt anyone's going to court over it unless they broke a lot of them or there's a class action suit. At any rate, there's an implied warranty of merchantability unless otherwise disclaimed, that the product can do what's advertised for, assuming that the advertising doesn't constitute mere puffery.

As per who you can sue, you can sue a number of people--surprisingly, you can even sue the retailer (and if victorious, the retailer will have a suit against the manufacturer).

 

[hardheart]

I think in this particular instance, injury to the cameraman would have had no bearing against CS. The sword was compromised prior to that point, and quite clearly by the missing pommel. I would expect that an argument of "I didn't know I wasn't supposed to swing the sword in the direction of another person after a piece of it went missing" would not hold water. There could be an argument if injury happened when the pommel broke off, but not after it was gone and still being used. Since there was pretty clear damage in the bent pommel during the water cooler cut, that was a warning sign to stop using the item.

 

[Artfully Martial]

those are all arguments for a jury (questions of fact), and are open to speculation. But those are arguments against Tosh--was Tosh, or the show (probably the show--it has a lot more money than Tosh) negligent in doing what it did.

But even if that action were victorious, Tosh.0 would then probably have a cause of action for the financial damages in that lawsuit against CS.

 

[Ankerson]

When people do stupid things with large sharp things then sometimes bad things can happen.

The Camera man should have been off to the side for safety reasons.

 

[Hoodcanal5]

Well, something did happen to the pommel that was not shown. It was bent before Tosh hit the water cooler, and not bent in any other shot. It is also not shown when the pommel was lost. So more like two unseen things happened, the pommel was damaged, and the pommel was lost.

But, did it happen demolishing an ICBM, or spreading cream cheese on a bagel.



uhh, no, Cold Steel didn't tell the cameraman to stand there while it swung a broken sword in his direction.

But the sword was broken by doing things similar to what is shown in the videos of the sword being used.

 

[hardheart]

But even if that action were victorious, Tosh.0 would then probably have a cause of action for the financial damages in that lawsuit against CS.

I just don't see how. The statement would be "after your product broke, it proved to be unsafe for continued use. It injured someone when used after it was damaged and made incomplete".

Once the lock breaks on a hard use folder and part of it goes missing, can you use it, cut yourself, and then sue based on advertising? At no time are any of these things advertised as being safe once pieces go missing.

But the sword was broken by doing things similar to what is shown in the videos of the sword being used.

Was it? We don't see what bent the pommel, and we don't see what lost the pommel. What we do see is the sword come flying out after the mystery actions broke it and before it touched the wood.

The proof videos are stupid, and Tosh recreated the stupidity for a comedy bit.

 

[ElectrikHellfire]

I'm not a CS fanboy but I will cut the sword a little slack here since I collect swords as well and they just aren't meant to cut through logs and cinder blocks. So, bad on CS's part for claiming and making vids that show Lyn doing that kind of bizarre BS. On the other hand, the sword itself might not be all that bad for what it is.

Still, it was funny.

 

[crom]

Every time I see a thread like this, I'm reminded of how sensitive knife freaks are.

 

[Artfully Martial]

I just don't see how. The statement would be "after your product broke, it proved to be unsafe for continued use. It injured someone when used after it was damaged and made incomplete".

But you don't need to win to have a cause of action. It just means that the lawsuit could progress. It would survive a motion to dismiss for failure to state a claim. From then it would likely be up to a jury to decide the issues of fact.

What would a jury decide? You'll have to tell me about the jury.

What would happen in real life? CS will settle out of court, pay off the plaintiffs, in an effort to keep the lawsuit from getting into the news, where it will likely hurt business and notify past sufferers of CS product based injuries that they have a decent chance of success. It's just cheaper to pay the medical costs and a little more to sweeten the deal. The other side will accept the settlement and avoid the risk of losing the case and having to pay for the attorney in trial (money which may just be total loss if they lose).

 

[unit]

eye protection

plywood target
copper pipe
pig head
pull ups
side of beef
meat boots
cow skull
ice
cinder block
car hood
chainmail

no eye protection

beef roast
tatami mats
bamboo
cardboard tube
rope
balloon
pigs
drum
pork ribs
pork leg
plastic garbage can

Seems ok, they could have used eyepro on the bamboo

The bamboo is what jumped out at me initially, but also most of the meat cuts involved very hard cuts where the sword impacted the meat quite close to the ?steel? hooks the meat was hanging from. There (in my opinion) is a pretty decent chance that contact between hook and sword could happen.

We are, after all, talking about what COULD happen here. Any claims that Lynn and his boys have enough expertise to not need eye protection for these cuts hold as much merit as the same claims for Tosh and his crew (who apparently have ninja-like reflexes that saved them from injury)

 

[DanR217]

Everyone is missing the obvious upside: You can take this CS two hander, stuff a spring and release mechanism in the handle and make a ballistic sword!

Also, after reviewing the video, it is clear that Daniel Tosh either has super human strength, or he willed the sword into pieces using telekinesis. No amount of manufacturing can produce an item The Great Tosh cannot take apart with his mind.

 

[Dantegandalf]

Everyone is missing the obvious upside: You can take this CS two hander, stuff a spring and release mechanism in the handle and make a ballistic sword!

thats amazing i cant belive i didnt see that...im gunna go make one right now...because the laws clearly states...knives...not swords....lmfao

 

[Tsujigiri]

I'm pretty sure Tosh was referring to the money the cameraman would have gotten from the show if he had been injured on the job, not from Cold Steel...