I have to compliment everyone for this informative yet polite discussion of something that I feel could suddenly turn quite passionate...
Personally, I have gain'd new insights.
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I was particularly taken by the liability issues that using non-certified equipment might pose. And it was to this subject that I asked my visiting friend her opinion (she's the one mentioned in my last post- visiting our cool mountains from her hot sweaty East Coast.)
I really value her thoughts on it, for she is a defense trial attorney; though as she told me before turning in (for I fear I've been burning her out with our four wheelings to remote ghost towns)- that this doesn't fall within her legal practice. But an unofficial opinion was given me non-the-less.
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In summation, she said: First- bringing a successful suite against an incorporated municipality is not easy. There are barriers such as sovereign immunity, immunity of duly appoint'd officials.. and some others she mentioned that were as meaningful to me as my describing wave guide theory would be to her.
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Second- what were the damages that occur'd? : In this case, how did that uncertified radio damage someone?.. How can it be proven? Just what are the dollars and cents amounts asked for in a recovery? And probably more salient- how much is this 'injuried party' willing to spend, or the ends they are willing to go to for 'justice?'?
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She asked rhetorically, who will hear the case? Since it involves radios, is it Federal? Is it criminal?- Local prosecutors maybe be reluctant to bring a case against something this esoteric unless it can be clearly demonstrated- understandably- to a judge/ and or/ jury-- that the radio/operator actually killed somebody, and did it in a wanton, cold blooded and negligent manner--
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"Otherwise, small rural counties," she said, " just don't have the court budgets for such frivolous law suites."
And finally-- "Is it a civil affair?"
"As a defense attorney I can say its doubtful the plaintiff would prevail" (I love how that sounds- so, so -Finality!)
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"But if someone wanted to throw a few thousand my way I'd give them their money's worth"... my friend yawn'd as she went off to bed.
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Disclaimer!!
That was offer'd as entertainment only- it is not to be constru'd in anyway as any form of legal advice!
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Phew!
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Tomorrow we plan to visit an even more remote towne site than the one I just described. Its at the end of a 20 mile wash boarded road, in an amphitheatre- a cirque surrounded by mountains in 330 degrees- no electric lines, no phones- no 800Mhz radio, no VHF radios. The dozen or so people up there have a HF sideband radio-- 2Mhz-- that is the only thing that can talk out of that box'd canyon.
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But that's another story altogether.
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Then back to NM- and some restaurants I promised would make my friend forsake the Mid Atlantic forever............
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.........................CF