[TowerTalk] AN Wireless "cease and desist" letter

Thu May 5 04:31:20 EDT 2016

Not referring to the AN tower, but the remarks as to becoming a sue 
happy society which I believe that to be true.  Frivolous lawsuits 
abound and there are many examples of people doing idiotic things and 
suing the company. The sad part is that juries tend to award large sums 
out of sympathy.
Many products have a built in liability cost.  This is true for not only 
the medical industry, but machine and hand tools.

It's true that we may need a lawyer to recoup losses, or defend us.  
There are cases we read about where armed criminals are shot in self 
defense breaking into homes and the home owners is not prosecutes as the 
act was ruled as justifiable, yet the criminal (if he or she survives) 
and or their families sue the home owner with little chance of success, 
yet the home owner may need to spend many thousands to fight what is a 
frivolous lawsuit.

As hams, there are cases where neighbors don't like antennas  and sue.
People sue manufacturers because someone misused their product to harm 
some one.
Tower can be attractive nuisances like swimming pools.
I need some tower work done and there are locals who would do it for 
little or no cost, but if they are not trained and bonded, The liability 
risk is just too great.
Tower work, by its very nature is dangerous.  Even professionals make 
mistakes with tragic results.  I climbed towers for many years without 
getting hurt

Someone made the remark about not enough lawyers, when when we actually 
have a surplus.  I've known several students that had decided to go to 
law school, but change their minds.

Everyone has the right to complain about a product they are unhappy 
with, but a just complaint about a product, or group leaves you open to 
the threat of fines or lawsuits.

There appear to be many abuses of the system.

73

Roger  (K8RI)

On 5/5/2016 Thursday 12:32 AM, W7ZZ wrote:
> I have no dog in this hunt, and I have not read the comments that K7LXC
> apparently posted regarding AN Wireless towers.  However, I have been an
> attorney for 44 years and I happen to own two AN Wireless towers, a 70 foot
> heavy duty and a 60 foot light duty.
>
>   
>
> I will say this:
>
>   
>
> First, the AN towers are an extraordinarily good product.  Armageddon can
> come and go, but these towers will still be in the air.  I chose the AN
> Wireless towers over competing products for a number of reasons and I do not
> regret that decision one whit.  Now, having said that, are there issues with
> the towers?  Yes, but they are the same issues that any freestanding tower
> presents:  the need for a crane to put them up in the air, the need for a
> crane to take them down, difficulty and complexity of assembly, the
> inability to raise/lower them vertically or horizontally (as in crank up or
> tilt over towers) for antenna maintenance, etc.
>
>   
>
> Second, AN Wireless has every right to protest any comments that it thinks
> are defamatory, to include the right to sue.  You have that right. I have
> that right. They have that right.  Once again, I have not read what K7LXC
> posted and I make no comment on whether it was defamatory or true or fair
> comment or whatever . . .  But I will vigorously defend the right of
> anyone/any company to protest/sue to protect its rights.
>
>   
>
> Thirdly, it was my understanding that Dan Simmonds had sold the company and
> that it is owned now by someone else currently.  I may be in error in that
> regard.  However, when I bought the towers about 8 years ago, I dealt with
> Dan, who is a very personable and responsive person.  When I finally got
> around to putting up the towers in 2015, I had some questions, and I dealt
> with what I believed to be the new owners of the company, who did not have a
> lot of information about the products sold in years past.  They were very
> responsive and helpful, but it was apparent that they did not have old
> drawings/plans, etc, which were needed to answer my particular questions,
> that related to the fall arrest system (which actually is from another
> company but sold under the AN name, as is common practice).
>
>   
>
> Finally, I happen to know, and I bet AN Wireless knows, that K7LXC's company
> has in the past sold (and may well still sell, I don't know) a competing
> similar freestanding tower product, so they might view his comments as a
> competitor a bit differently than comments from Joe Ham who just put up a
> tower and is "reviewing" it.  Since I have not seen K7LXC's original
> posting, I don't know whether this was disclosed.
>
>   
>
> As I said at the outset, I have no dog in this hunt and have not seen
> K7LXC's comments.  However, the numerous posts lambasting attorneys and
> companies who protect their rights prompted me to take the considerable time
> to draft and post this response.  Some day you might want to protect what
> you believe to be your rights.  I suspect you would not want to be attacked
> on the Internet for doing so.  Leave it to another, much more appropriate,
> forum to determine who is right in this instance.
>
>   
>
> 73, Doug W7ZZ
>
> _______________________________________________
>
>
>
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-- 

73

Roger (K8RI)

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