Comment That is an affirmative defense (Score 1) 440
The Emerson Good Samaritan Act is an affirmative defense against Gross Negligence in the court meaning that anyone can sue Costco for taking the peanut butter and Costco must then prove to the court they fall under this protection. Costco is then presumed guilty until proven innocent. The act is not written that way but that is how it turns out to protect Costco, but not after paying substantial legal fees they will have trouble recouping.
Better to have the peanut butter buried than deal with the likelihood of wacky lawsuits, even lawsuits Costco can easily win.
Better to have the peanut butter buried than deal with the likelihood of wacky lawsuits, even lawsuits Costco can easily win.