The Managing Director
Accuweather
100 N. Broadway
Suite 750
Wichita
KS 67202
United States of America
(316) 266-8000
Sir
INTENT TO
SUE: MISINFORMATION ON ACCUWEATHER
1. On
the 8th of October 2012, the Smooth Knobblies (hereafter referred to
as “The Sknobblies”) took a decision to cancel the standard Tuesday cycle. This
call was based on the weather forecast that your online website predicted. The
forecast as per your website was billed as follows:
Figure
1: Extract from Accuweather dated 08/10/2012
2. At
the time of writing (10:47am on 9 Oct) it has not yet started raining. Not a
drop, in fact. This means that there is approximately 13 minutes left for 4.7mm
of rain to fall. That would be nothing
short of a monsoon – made even more challenging by the fact that the sun is out
– but let’s wait and see. This is Cape Town.
3. Before
this seems to be a trivial matter to you and is relegated to your employee-based
corporate communications manager, please consider the following:
- The Sknobblies have been riding from the CBD of Cape Town since
2009. The Tuesday ride is more of an institution than an arrangement.
- Lift clubs, school calendars, morning meetings, and other general arrangements
have all been changed to accommodate this downpour that was predicted by your
weather service.
- The inconvenience you have caused also affects small business
economies in the Cape Town city precinct.
None more so than the small café that opens especially early to cater the
hot coffees and egg breakfasts that the cyclists require after a long ride. That
trade didn’t happen this morning. The loss of income to that café has a
negative effect on the monthly turnover of the institution, thereby affecting
the credit rating of the café owner. Should he default on any rental instalments,
he could be evicted from his current business premises. With a bright child at
university who may have to forfeit further studies due to a lack of funding
(caused by your incorrect prediction) we
could be losing a top businessman or , in the best case, Nobel Laureate. Money
can’t exactly buy that.
- Many of the Sknobblies will be participating in various
high-profile races over this weekend. Naturally we would be targeting podium
positions in an effort to raise the profile of the Smooth Knobblies. With the
training program of the last week prior the races now reduced due to your
incorrect rain forecast, our chances of a podium finish are now reduced. This
could result in a lack of future endorsements for the Sknobblies – potentially worth
hundreds and thousands of US Dollars.
- Our group is made up of a surprisingly large number of lawyers…corporate
litigation being their speciality. We also have a host of CA’s in the group who
would be able to value your worth at the drop of a hat. So we’ll know what you're
worth and how to get it…..
4. Having perused your online terms and
conditions, I came across your disclaimer (par 12):
12. Disclaimer. AccuWeather makes no express or
implied warranties, guarantees or affirmations that weather information will
occur or has occurred as the reports, forecasts, graphics, data, briefings or
information comprising the Site, products or services state, represent or
depict and AccuWeather shall have no responsibility or liability whatsoever to
Subscriber or any other person or entity, parties and nonparties alike, for any
inconsistency, inaccuracy or omission for weather or events predicted or
depicted, reported, occurring or occurred.
5. Well
I’ll be buggered if that stands up in court. It is simply insufficient to have
the right to caveat your core business. Accuweather
receives millions of Dollars in advertising revenue due to the global online
spread of your website. This disclaimer of yours not only provides you with a
gigantic escape clause to what you profess to do, but it gives you license to
disseminate absolute garbage without any liability whatsoever. Whilst you in
your personal capacity may not exactly know where South Africa is (clue: it’s
not near Mexico) we do happen to take our corporate responsibility quite seriously.
No doubt the judge will also recognise that you can’t claim to be an expert in
a specific field but then waive all liability in terms of actual results. This
ruling alone will not only tarnish your reputation – but possibly ruin you
financially.
6. It’s
now midday and not one drop has fallen.
7. I
think we all know how this is going to end. My lawyers will speak to your
lawyers; there’ll be various letters and accusations made; it will go to court
and you will lose. To circumvent all of this costly stress, we would be more
than happy to settle for a token amount of US$250,000. Part of this settlement
would seek to put cash back into the Café where we would’ve had our coffee this
morning. Another portion would go to the upgrading of various bicycles in the
group so that we could ride in rainy if your predictions ever did come true. The
cost breakdown is reflected as follows:
Cost
|
Value
|
Loss of café
turnover
|
$ 15,000
|
Loss of
either top businessman or laureate
|
$ 75,000
|
Upgrade of
bikes
|
$110,000
|
Administration
fees
|
$ 50,000
|
8. We
thank you for your understanding and urge you to not let this kind of
misinformation leak again. I have seen your various properties on your website
and would not hesitate to attach these assets should you continue to mislead
the trusting public.
9. It
should also be known that Tony Onwood and Riaan Meintjies (The CrackMan) are
active members in the group. They are probably expecting a favourable response
within the next 5 working days. (I just thought you should know…)
Yours in Cycling
Rens Rezelman
Manager: The
Smooth Knobblies
