The Liability of Giving Away Defective Prizes [e115]
The guys end the week by talking about Chevrolet awarding the World Series MVP a possibly defective truck. Nasir and Matt also answer a pizza related question about Yelp! Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: And this is our Friday episode – always a very exciting topic – somehow we get to talk about sports. MATT: Yeah. NASIR: Which is my least favorite topic. And then, after all that baseball. MATT: Yeah. NASIR: And, apparently, there’s a World Series going on which – I don’t know – will that be over by now? No, it is over, right? San Francisco won? MATT: Well, the story we’re talking about is about the guy who won the MVP for the World Series so I would wager to say it’s probably over. NASIR: Okay. So, that’s done. MATT: Yeah. NASIR: Who won? San Francisco, right? MATT: San Francisco won, yes. NASIR: Nice. MATT: I’m not surprised. I know you don’t follow baseball so I won’t hold it against you. NASIR: I don’t think most people follow baseball but okay. MATT: Yeah, I do. So, basically, I’ll explain this to the listeners – and to you, too – so you understand how this works. NASIR: Okay. Tell me. MATT: In the World Series, two teams play, one team wins, and when the World Series is over… NASIR: Two teams play and one team… Okay, I got that part. MATT: They select a World Series MVP so it’s basically the player that performed the best. I will assume it’s always been from the team that’s won. I know, in the NBA one time, the winner actually was from the team that lost somehow. NASIR: Whoa. And is it MVP of that game or of the league? MATT: Just the series. NASIR: Okay. Sorry. MATT: Just for that seven games. So, the selection was pretty easy this year because one pitcher for the Giants basically won three of the four games himself which is unheard of. So, he won and, recently, they started giving out cars – maybe ten years ago, maybe less. But, this year, Chevrolet was the sponsor and they gave out this 2015 Chevy Colorado which, yeah, great. I mean, actually, the guy who won loves trucks. He loves hunting. It’s going to be good for him. The only problem is this truck just had a recall on it for airbag concerns. So, basically, they gave this guy who just had a great performance this truck with potential liability issues and I assume that they got those fixed. But it got me thinking about, you know, if a business gives away something free – like, let’s say you have a promotion as a business and you give away a free prize, like when we gave away that… what did we give? An iPad Mini? NASIR: Yeah. MATT: What if that would have, like, exploded when the winner used it? NASIR: Like, what if the recall was that, “Whoops! Our iPad Minis are actually bombs. Careful with that.” We actually give away a bomb to somebody, that’d be horrible. MATT: I was trying to think of something. Obviously, a truck is going to be a lot more dangerous than an iPad, but it’s a consideration. I don’t know. From a legal perspective, this seems pretty questionable and, just one little tangent on this, I don’t know if you’ve seen the guy who actually presented the award. I feel bad for him because he was obviously, like, very nervous and he was reading off of like a paper of paper he had and he’s like, “This truck has really cool technology and stuff.” That’s what he said. NASIR: Why was he so nervous? MATT: This is less than 24 hours. Chevrolet is already using that slogan in their commercials. I saw a Chevy commercial last night and it’s like, “We’ve got cool technology and stuff.” From a PR perspective, they nailed it. NASIR: You don’t think it was planned? Oh, obviously, it was probably not planned, but they were just good to react, huh? MATT: If it was planned,