Unfortunately, I feel you've missed the point of the discussion. Would it surprise you if I gladly agree that the risk of bulb failure from a faulty switch is extremely unlikely? What I won't agree to is that it's a *zero* possibility. That non-zero number is all a good lawyer needs to drag Smarthome into any bulb injury case where a defective switch was involved. I think it was an incredibly risky business decision for Smarthome to continue selling a switch they knew had ANY KIND of a design defect. If you'll allow me, I'll try to explain why:
All it takes for a bulb to seriously injure someone is for the envelope to quietly separate from the base and fall to a hard surface. Imagine yourself on the witness stand. Can you say for absolutely sure, beyond any doubt James, that a switch with a brand new, never- been-tried-before design CAN'T cause a bulb to fail in ways that have not been seen before?
How many years did the NASA experts say those foam panels just *couldn't* damage the shuttle? They said it up until seven people died in a foam-caused accident. It was 'ridiculous' to some that lightweight Styrofoam could break the space shuttle badly enough to cause a catastrophe. But the ridiculous became the very bitter truth when they did the actual testing and analysis and stopped relying on their "gut feelings" about what could and what could not happen.
What about Boston's "Big Dig?" If a product liability case against Smarthome were underway this week, a smart lawyer would remind jurors, through cross-examination of the witness, that highway officials were
*certain* that those epoxied roof bolts would hold. For every degree of certainty an expert expressed, opposing counsel would remind the jury of each and every case where experts were flat out wrong.If the expert somehow managed to claim on the stand it was ridiculous for a complex, new electronic switch to a cause a bulb failure, the lawyers would counter by asking, "Didn't maritime engineering experts pronounce the Titanic unsinkable before she sailed?" The more certain the expert, at least in matters like this, the less credible they seem to jurors. Why? Well because every juror knows that "stuff happens."
Juries believe that "mistakes happen" far more readily than they believe the claim "mistakes could never happen." If they show any signs to the contrary, the opposing counsel would cheerfully remind them of the all the world's Titanics, Three Mile Islands and other "impossibilities." Lawyers are found of saying "never say never."
More importantly, can you say, for sure, that bulb failure simply can't happen *without* looking closely at the switch internals, the schematics, the power line and wiring with tools like an oscilloscope? And if you made that claim, how credible would it be without running such a series of tests and studying exactly how bulbs fail, whether normally or prematurely, when connected to Smarthome switches?
If a client has been injured by a shattering light bulb connected to a defective switch made by WingDing then WingDing gets an invitation to the defendant's table. It's almost guaranteed in our legal system. I've seen enough civil suits to know that's how it works. The dragnet is cast. The first thing the bulbmaker would do if sued would be to search the net and Lexis for any lawsuits or admissions of defect by WingDing. They would do so in the strong hope of pointing the finger away from them and at WingDing , who they will loudly trumpet, sold "known bad" switches.
I've seen cases where a big manufacturing concern like a bulbmaker will pretend to be on the co-defendants side, but before court, will settle out and leave the little guy hanging. They do it both to avoid setting legal precedent and so that the public documents only point the finger at the remaining litigants like the switchmaker or the installer.
Companies like GE and Philips have pockets far deeper than a company like Smarthome. They can afford fairly big payouts to keep product liabilities out of the legal search engines. Little guys can't. Lawyers know that as soon as even one client prevails in a product liability case, the floodgates are opened. Ask Merck, the makers of Vioxx about that principle. They've set aside nearly a billion dollars to fight off the lawsuits they know are coming now that even a very few clients have won big verdicts.
Lawyers in a bulb injury case wouldn't be playing to electronically smart guys like you James. Believe it or not, we're *both* smart enough to know that catastrophic light bulb failures are NOT at all likely to be caused by defective switches. But lawyers work VERY, VERY hard to keep smart people like you OFF juries. They have their best luck with retired schoolteachers and homemakers, to whom they get to explain the problem according to strict legal principles and rules of evidence. Rules which often obscure the very truth of the matter.
If you, as a potential juror, ventured your opinion of switches blowing up lightbulbs being "ridiculous" at voir dire, you'd be outta there faster than an Insteon pulse. The truth is, by holding any opinion at all about what can cause bulb failures, you'd be stricken from the jury pool.
The jury would not be allowed to consult outside sources of ANY KIND on the subject of light bulb failure either. They would only be permitted to connect the dots they were shown in court. If you talked to your wife, the juror, about your theories of bulb failure and she told another juror, she would be removed from the jury and very likely the other juror as well. It happens EVERY day and if the jury contamination is bad enough, it's grounds for a mistrial. Judges take outside influences very seriously and will tell a jury several times during a trial to not consider any external sources of information.
To win their cases, lawyers LOVE to put out dots that really don't connect but that they are certain jurors can't help but join together anyway. I believe that's the case here.
If they got you on the stand, James, could you really say that a newly-designed, complex, multi-function light switch, connected electronically to all the house's other light switches, can't have some serious interaction where the loads are briefly subjected to extreme voltage spikes? They would ask you if subjecting a light bulb or fuse to voltage and current far outside the normal range isn't one way to cause serious physical failures of those devices?
Can you say for an absolutely certainty there is NO WAY for an electronic circuit, using any of the components in this newly designed, lightly-tested electronic switch, to accidentally provide more voltage to a lightbulb specifications allow?
Could you testify knowledgeably to the potential harmful effect of any filament vibration induced by the switch? Could you say for sure that switch couldn't cause vibrations serious enough to effect the seal between the base and the glass envelope? Their are plenty of reports in the field of X-10 dimmers causing serious and annoying buzzing. You'd have to explain why buzzing happens only with electronic switches and why that buzzing couldn't possibly weaken the bulb.
Isn't extreme overheating or vibration capable of inducing fatigue? Hasn't metal fatigue caused tails to fall off airplanes:
Hasn't unexpected metal fatigue causeed the hulls of WWII Liberty ships to crack in half?
Couldn't stressing the bulb in ways the manufacturer did not envision cause an envelope separation? Isn't any AC device with a capacitor and very little else able to produce significant voltage spikes?
A smart lawyer would take you over all those hurdles and more until you admitted that newly designed equipment sometimes has unusual, never-before-seen failure modes. If you remained intractable, they would paint you as the kind of engineer that allows shuttles to crash, ships to sink and tunnel panels to crush drivers. It's a no-win situation when there's an admitted defect in a product. That's why I think Smarthome screwed the pooch by not halting sales.
The lawyers may conclude by getting the expert witness to admit that the design engineers never meant for a flicker problem to get into the switches but it did, anyway. Then they will ask if some *other* design defect couldn't get by those same engineers as well - this one having to do with bulb failures. If the expert admits to one, and not the other possibility, they lose credibility. Even my second grade teacher could make that connection.
I wouldn't be calling it silly if you paid an electrician to install 25 or so switches that you'll have now have to pay him twice as much to take out and put back in. I'd be calling it angry. I'd wouldn't feel comfortable with defective switches deployed throughout my house if they accelerate the rate of bulb burnout. Less time between burnouts means more net exposure to burnouts and the possibility that one of those burnouts becomes a blow up.
Worse, still, *something* made Smarthome decide, after ETL had seen the new design, to stop selling unfixed switches and to fix all the switches in their possession immediately. That wouldn't me feel comfortable about owning older, 1st generation switches with the flicker defect, even if I wasn't seeing the flicker currently. I'd be afraid that ETL discovered something we're not aware of, but that was serious enough to motivate reworking the entire inventory. Do you think if Smarthome or ETL found another, more serious defect that they'd be singing it from their rooftops?
You don't have to shatter the bulb to cause serious injury. You just have to cause it to break from its base and fall on a hard surface. We have to remember that an electronic switch can also be a fire hazard all by itself if the components are not properly sized or the case is too small and heat can build up. We'll know soon enough what changes they've made. That's the great thing about the Internet. :-)
What's "silly" about this whole affair is that SmartHome would decide to put themselves, the installers who use their products and their customers at risk for a just few months' worth of sales. Someone's got their priorities wrong in upper management.
In my laymen's opinion (and it is only that, I am not an attorney) they've exposed themselves and others to serious liability. That opinion is based upon sitting through some pretty amazing trials in my role as a litigation support consultant. A smart lawyer doesn't have to convince *you* James, that a switch with a flickering defect can blow up a bulb; They have to convince *your* mother or *your* retired second grade teacher. Those are the people that sit on civil juries.
You can talk toroidal chokes, inductance, triacs and millihenries to my mother (and I'll bet plenty of other mothers who might end up as jurors) until you're blue in the face. All that non-techie jurors will understand is that your client sold switches they learned were defective in March until one day in July, when they suddenly (after an ETL review, FWIW) decided they had better fix them ALL before selling even another single switch.
I believe, from watching jurors get the thousand-yard stare when exposed to complex technical testimony, that's all the jurors will *ever* understand. Smarthome admitted there was something wrong with the switches but continued selling them for several months after they learned of the problem. Everything else will be yada yada yada Henry choked Millie. Civil awards don't depend as much on the pure facts as they do a non-technical jury's interpretation of those facts. Judgement for the plaintiff in the amount of $500,000. :-)
If you have any doubts about the power of a jury to both connect dots that don't connect and to disconnect dots that do, think "OJ."
-- Bobby G.