- Joined
- Dec 31, 2011
- Messages
- 292
A former winner of the iditerod is suing over a claim that when you flip a knife that is similar to this one here (http://www.amazon.com/Kershaw-Northside-Guthook-Injection-Molded-Santoprene/dp/B005GSYK3) over to use the gut hook you can inadvertantly press the detent on the lockback releasing the blade. The david boye dent feature for example is designed to reduce this from happening if a folder is used in a reverse P'kal style grip. But even with the david boye dent all folders can fold and I feel he does not have a case. He should have been carrying a fixed blade or should have been more mindful when cutting the zip tie securing the bale of straw to not press the detent on his friggin folder. Its called a folder cause it folds.
He not only needs to prove the design is faulty but also has to prove damages.
An attorney for Sportsman's Warehouse says Seavey has produced no evidence he lost money.
"Mr. Seavey bears the burden of proving all of his damages, including his claim that but for cutting his finger, he would have won the (2011) Iditarod," Fairbanks attorney John Tiemessen wrote in an email. "As Mr. Seavey probably knows better than most, there is a wide gulf between hoping you will win, even thinking you might win, and actually winning the race."
Kershaw Knife Co. also has denied the claims as well they should.
Thomas W. and company I am sorry that you guys have to deal with this. Same things to the wonderful folks at sportmans warehouse. Keep your chins up its a frivolus lawsuit and will hopefully be dismissed.
Read more here: http://www.adn.com/2012/05/11/2462050/mitch-seavey-sues-knife-maker.html#storylink=cpy
I hope this case loses as it could set a horrible legal precedent requiring knife makers to re-consider the legal exposure of folders. Even if he wins it will probably only have an impact on folders that might be held in a reverse grip. So would apply only to tactical blades, fighters, or in this case ones with a gut hook as you reverse your grip to use the hook that is on the other side.
Why does everbody have to sue over everything? Pisses me off.
He not only needs to prove the design is faulty but also has to prove damages.
An attorney for Sportsman's Warehouse says Seavey has produced no evidence he lost money.
"Mr. Seavey bears the burden of proving all of his damages, including his claim that but for cutting his finger, he would have won the (2011) Iditarod," Fairbanks attorney John Tiemessen wrote in an email. "As Mr. Seavey probably knows better than most, there is a wide gulf between hoping you will win, even thinking you might win, and actually winning the race."
Kershaw Knife Co. also has denied the claims as well they should.
Thomas W. and company I am sorry that you guys have to deal with this. Same things to the wonderful folks at sportmans warehouse. Keep your chins up its a frivolus lawsuit and will hopefully be dismissed.
Read more here: http://www.adn.com/2012/05/11/2462050/mitch-seavey-sues-knife-maker.html#storylink=cpy
I hope this case loses as it could set a horrible legal precedent requiring knife makers to re-consider the legal exposure of folders. Even if he wins it will probably only have an impact on folders that might be held in a reverse grip. So would apply only to tactical blades, fighters, or in this case ones with a gut hook as you reverse your grip to use the hook that is on the other side.
Why does everbody have to sue over everything? Pisses me off.