Heart Broken

[FISH WHISPERER]

How the heck could there be a successful lawsuit just for naming a product used in a tank that crashed???

I don't get it. I know some of these little people toss around the threats of lawsuits, but I received my paralegal certification in the USAF back in 1986. The internet is of course, a new and interesting medium since my day, but the rules of libel and slander have not changed. Written fact is not punishable no matter how damaging it is, as long as it is true; some pursue malicious intent, but that can be a stretch. If this particular board has a policy of not naming the vendors/products used when trying to figure out if a tank crashed, that's one thing. Of course that should be respected, as it's the admins policy. But there are complete vendor forums on some boards, and the "threats" of lawsuits are as hollow as the chocolate bunny I'm still feeling guilty about because I ate it without sharing a bit with my son!!

The most important thing as an individual is not to publish a lie that causes damage to an individual(s) or business. An analysis of one's supplemental additions to a fish tank are hardly malicious.

Regards.

p.s. There are more than a few attorneys who pop in on these boards, a direct question to them might provide more precise legal analysis. I'm sorta out of date, but I don't think the laws have changed that much. I don't know if ya'll have been through all this, but forgive me if ya have. I'm not too regular here.

Regards

 

[danmhippo]

So, you are not having luck with this supplement huh? How about point us to their website instead?

Does the name starts with AZ?

(No bashing please, I am not suggesting it is but just asking if it is.....There are millions product that starts with AZ and will kill a lot of things)

[ April 23, 2002: Message edited by: danmhippo ]</p>

 

[Anemone]

FW,

There are two problems with your argument against the lawsuit angle - first, a lawsuit doesn't have to be successful. An individual can be ruined simply fighting a lawsuit filed by someone (or a company) with money.

Second, Walter is pointing his finger at the supplement as causing his tank crash (probably correctly, IMO). Since he can't prove conclusively that the supplement caused the crash(and never will be able to, in all probability), he would possibly leave himself open to some liability, should that company prove litigious.

JMO,
Kevin

[ April 23, 2002: Message edited by: Anemone ]</p>

 

[SPC]

I have a feeling Kevin is going to get a looooooong answer

.
Steve

 

[Anonymous]

Sorry to hear that. I understand as I lost my tank a year ago. If I e-mail you will you tell me what product it was that you recently started dosing? Anyone that would sue over something like that is a loser. Lot of them around.

Monty,
Keep it "Short"

[ April 23, 2002: Message edited by: SteveNichols ]</p>

 

[danmhippo]

Anyone knows what it is, please PM me too!

 

[Marcosreef]

<blockquote><font size="1" face="Verdana, Helvetica, sans-serif">quote:</font><hr>Originally posted by Mouse:
<strong>Nooooooooooooooooooooooooooooooooooooo.</strong><hr></blockquote>

Nice save Mouse.

Walter I am sorry for your loss(es) also. I hope that it all turns out for the best my friend.

 

[henkelsfamily1]

hey anyone checked out the ecosystem aquarium web site?

 

[hquintanilla]

I can´t belive what I read in this thread, I´ve seen other threads about law suits for someone mentioning a product that doesn´t works....Thank god I live in Mexico...I will really say bad things a some stupid product that wasted my tank....
Sorry for your loss...
Maybe some one could work out a site that publish the preffered products by polls, I have seen some polls of products and this way I always go for the more prefered, when you sea that the poll has 1000 polls for say "IO" and 3 for other brand, well you know why....No?
Regards....

 

[Jawbone]

I'll do it give me the list of products and your opinion and I will put it up on a website. I will post it immeadiatley if not sooner. Its just an opinion and nothing more. as long as your not slandering someone then it should not matter what you say.

 

[henkelsfamily1]

Well I lost my tank last week. Came home early for my little girls fifth birthday, went to say high to the tank and notices that every one of my SPS had turned to bright white calcareous skeletons. Well needless to say I went into DEFCON 5 emergency mode: 35gal water change hooked up extra skimmer, light out (all but 96w of 03 PC). Go into questioning mode 1) Kids, 2) Wife, 3) Myself. Well all fingers pointed to me. I added a new supplement on Monday night and again on Tuesday nigh and halted all regular supplement excluding the Kalk drip that is done for makeup water. Well the finger stopped pointing at me and moved to the supplement. In the next two days I lost a 4 year old green strip carpet, a softball sized 2 year old Ricordea, a Favia, a Lobophyllia and a torch. Water changes have been conducted every other day at 35gal per. And the tank is looking better. What baffles me is that all of the fish were not affected as were non of the snails, stars, gorgonians, a condi anemone and two Florida anemones. I think as do some other respected reef hobbyist/businessman that I go a bacterial infection possibly from the supplement. Looking for any input besides “don’t fix it if it aint broke”. A word of caution, the supplement was not Successful for my Reef.

Walter

[email protected]

 

[Anonymous]

What supplement was it if you don't mind me asking?

 

[Mouse]

Nooooooooooooooooooooooooooooooooooooo.

Any chance of the name of this "miracle" suppliment. Im thinking of using one myself after recomendations. I would inform me by private message if i were you, you dont want a hefty law suit to accompany your loss.

Does sound bactereal, keep us updated.

Best of luck to you Walter

 

[RK1]

Well I don't have much to add to the lawsuit topic. But I would recomend you contact the mfgr. I had a very simular problem over 10 years ago. When I contacted the mfgr. he asked me all kinds of questions and I had several conversations about what had happened. They wanted me to put an approx. value on what I lost. The actually gave me store credit to That Pet Place. They turned me around on there product. I am not saying that all mfgr. will take thet good of care of you. But give them a chance.

Ron

 

[Mouse]

When you added the "product" (damn this is silly) did that involve replacing a DSB?

Could have unleashed something evil from that at a very ill-informed guess.

 

[henkelsfamily1]

The product that was new to the tank was ReefSuccess. I do not know if this is what caused the crash. It could have been my own stupidity.

Walter

 

[Anonymous]

I find no reefsuccess on the Ecosystem Aquarium website. Isn't Reef Success a Red Sea product line? I am confused?

RR

 

[henkelsfamily1]

Sorry, That would be Reef Solutions.

Walter

 

[henkelsfamily1]

RK1,

I have been in contact with the Mfg. and they have been very pleasent but my gut feeling is they will be doing nothing for me. They have stated that over 2 million went into the development of the product and they have only seen 5 tank crashes that could have possibly been caused by their product. I would say that is 5 too amny tank crashes. They say that there are over 250 thousand people using the product with no ill effects. I know that all tanks are totally differant and that you are playing with fire everytime you try something new but I was given this product by a rep. told to discontinue all other supplaments and let him know what I thought of the produce. Well my reef actually let him know what it thought of the product. The rebuild continues but it will be sometime before a new coral is introduced to this tank.

Walter

 

[MATTT]

Well,,, What is the product ?????