Is this true
I am not sure, I did a quick search for the term subrogation and did not find that word. I can tag @WyzeGwendolyn who can possibly get the correct person to answer
You probably won’t find the word subrogation in the TOS.
My understanding of this is; if your WYZE camera somehow injures someone your home insurer would pay the damages then go after WYZE for damages.
This essentially does make you responsible. It’s the same for your vehicle. If a defect in your Ford hurts someone Ford doesn’t pay damages to that person, your insursnce company does. They they can attempt to recoup the money from Ford. Sorry Ford, your name is short so is an easy example.
The term Subrogation is not in any of the TOS including but not limited to the Supplemental Terms OS, End User Agreement or Product and Safety. (unless I spelled it wrong or my bot is sick).
So, and I am in no way an attorney, wouldn’t this be a common thing in items like this?
I think so, if I am understanding subrogation correctly.
Subrogation is the assumption by a third party of another party’s legal right to collect a debt or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one’s own benefit. A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It is a familiar feature of common law systems. Analogous doctrines exist in civil law jurisdictions. Subrogation is a relatively specialised field of law; entire legal textbooks are devoted to the subject.
That must be where I heard about it.
Wyze will base the next cam hat after their wig.
yes this is very common. basically it is just like a tort claim in auto insurance. your insurance pays but then goes after the other parties provider for coverage of what was paid out.
I have actually recently come across this term as I am actually thinking of going to law school and have been looking at a lot of things you cover for different types of practices…i really just want to spend a lot of money to learn latin, but becoming an attorney might be cool too if I end up doing it.
I’m assuming this is if you run a cable in the floor and someone trips and breaks an arm wyze isn’t to blame.
I can say that a company can’t simply wave away there responsibly to put out a safe product by putting something like this in the TOS. Kind of like a theam park can have you sign anything, but nothing takes away your ability to sue them if they are negligent.
Exactly, no waiver takes away reasonable expectation of safety.
Ah’v thunk on it and believe that same terminology in various wordings appears in nearly all TOS documents thru out industry. It’s nothing more complicated than a basic CYA for the companies… I think the more complex they are indicates a certain wariness of the company’s possible liability responsibilities.