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  #1  
Old 02-10-2008, 09:30 PM
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Lawsuits

When and why did America become sue-happy?

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Old 02-10-2008, 09:36 PM
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inquiring minds want to know.
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Old 02-10-2008, 09:51 PM
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"get rich quick" mentality.

Well, I think it is the civilized adversarial system of settling disagreements.
I have no disagreement with the basic system.

What are we supposed to do, get out there and fight it out with fists and sticks?

(Actually in some cases it might be a good idea: settle it with a fight in a great big tub of warm lime jello, winner take all.)

But things have truly gotten out of hand. Thousands upon thousands of new lawyers are cranked out of the Law Schools, every single year, and they all need something to do.

The most popular and visible form of abuse seems to be the tort system, and since the early 1970's the lawyers are allowed to advertise in the media.

"Injured? Huge settlement for your loss! Call John Doe attorney NOW!!!
Dial 1-800- GETRICH"!!! Operators are standing by!!!

The ads practically leap out and mug you, from the sides of buses, in phone books and billboards.

Naturally people buy into it.

And it's just as natural, companies build those costs into the costs of doing business.

I understand the GPS Sat Nav in the new Volkswagens, now, when you turn them on, the first thing you have to see is a written disclaimer by VW lawyers about how you can't sue VW if you use it recklessly, or something.

it is really out of control.

But sometimes, you really ARE greviously harmed, and the the tort system is there to make your injury whole in the only way available - to give you money for it.

On balance, we need it.

But it is true, the system of torts and lawyers certainly gets abused a lot.



Then there is the CLASS ACTION system.

And the Medical malpractice lawsuits....


And those lawyers who made the wonderful Mercedes Benz euro headlights illegal!!!!!

And other things.
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Last edited by Jim B.; 02-10-2008 at 10:57 PM.
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Old 02-10-2008, 10:01 PM
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Good question. I think it happened somewhere in the mid 80's. When I moved to Africa in 86 and came back in 88, America was shockingly different for only two years' passage. Cultural shifts are hard to detect, even more so since people don't think critically. I (partially) blame Oprah. I think those talk shows really changed the way people thought about responsibility. I always remember a time we were all riding our bikes as kids. My friend was going pretty fast down this big hill and the front wheel locked up and he went flying over the handle bars (no such thing as bike helmets). When we got home, his mom yelled at him for riding down the hill too fast. Now that would be a surefire lawsuit against the bike manufacturer.
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Old 02-10-2008, 10:36 PM
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Quote:
Originally Posted by Trakehner View Post
When and why did America become sue-happy?
It's preferable to justice through vendetta or interpretation of Holy Writ. It is far from ideal but better than most alternatives since it gives every person access to the courts without meeting some prior condition, which is what the nitwitted Republicans want to impose on law. So-called "frivolous lawsuit" reform, in which petitioners have to meet some criteria or be wealthy enough to pay court costs BEFORE entering a suit.

That will keep the poor in their place -- don't let them bring suit unless they're rich!

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Old 02-10-2008, 10:53 PM
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Originally Posted by tankdriver View Post
Good question. I think it happened somewhere in the mid 80's. When I moved to Africa in 86 and came back in 88, America was shockingly different for only two years' passage. Cultural shifts are hard to detect, even more so since people don't think critically. I (partially) blame Oprah. I think those talk shows really changed the way people thought about responsibility. I always remember a time we were all riding our bikes as kids. My friend was going pretty fast down this big hill and the front wheel locked up and he went flying over the handle bars (no such thing as bike helmets). When we got home, his mom yelled at him for riding down the hill too fast. Now that would be a surefire lawsuit against the bike manufacturer.
And the bike tire manufacturer.

And the bike's brake company.

And the bike dealer (real party in interest!!)

And the city.

And the street paving contractor

And the hospital.

And the Doctor.

And the Ambulance company

And the bandage company

And the Insurance company


"And Does I - XX, inclusive, parties yet to be named."


personal responsibility, what's that?
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Old 02-10-2008, 11:04 PM
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It may have been the result of making dueling illegal . . .

As for modern day events, I believe that the growth and maturity of the insurance industry can be credited with an increase in the amount of civil suits. Without the deep pockets of an insurance policy, most civil suits would be acts of futility. Combined with the advent of the "contingency fee" the lure to a prospective plaintiff can be quite strong.
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Old 02-10-2008, 11:53 PM
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Greedy profit-driven sheenies.....And we're such sheeple for accepting this twaddle without complaint.......we're all complicit!!!!!!
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Old 02-11-2008, 12:23 AM
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Old 02-11-2008, 11:05 AM
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My lawyers are worth every penny. Civil suits are VERY expensive to defend or initiate. SLOW and time consuming also.
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Old 02-11-2008, 01:58 PM
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I had to take a contractor to court last year and won in small claims court. I had no money for a proper attorney and did it myself and won.
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Old 02-11-2008, 02:01 PM
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Opened a can of whup ass on that contractor . . .
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Old 02-11-2008, 02:09 PM
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Old 02-11-2008, 02:23 PM
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It's sad when personal injury and class action lawsuits are abused to the point that public opinion turns against them. Just like many other things today, the pedulum has swung too far in one direction with regard to suing people.

If you want to read something interesting, but fictional about this, read John Grisham's latest book, The Appeal. He explores this phenomenon from both sides. As usual, the truth seems to lay somewhere in the middle . . .
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Old 02-11-2008, 02:43 PM
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Quote:
Originally Posted by Mistress View Post
I had to take a contractor to court last year and won in small claims court. I had no money for a proper attorney and did it myself and won.
Did he finally pay you?

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