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ColdWizard
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quote: Originally posted by Spectator
America, the land of the sued.....why is that?
Why do everyone sue everyone overthere? |
Lawyers run the country.
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ColdWizard
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lawyers and judges let people win silly lawsuits, so that more people will sue so that more lawyers can make more money
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Kirnwaffen
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Tryin' hard to chill in the city of Dis
Jul 2000 time: 22:27
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It's a good question, and a major issue in the US.
The original intent of civil lawsuits was, I believe, to ensure a certain amount of equality and fairness under the law. Today, they are more often used to satisfy feelings of entitlement and outright greed.
In the medical field, people simply seem to forget that doctors are human, and as fallible as any other human being. Emotions run high when the death of a loved one is involved, and people forget that the original intent was not to harm.
Perhaps the greatest cause of lawsuits in America is lawyers. Civil litigation is a very profitable way to maintain a practice, hence the phrase "ambulance chasers". A lot of these guys have no ethics, and no regard for the consequences of a lawsuit. They take advantage of people who are emotionally vulnerable and lure them with the possibility of huge compensation for their state, loss, or injury.
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flash9286
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well the people who sued the tobacco companies won becuase the tobacco lied about it being addicted and it health problems.
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CerberusIV
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I'm not sure if it is true but I have heard that Adolf Hitler once said "I shall not rest until every German realises it is a disgrace to be a lawyer".
If it is true then I agree with him on one thing.
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Flubber
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With a view of the Rockies
Aug 2000 time: 22:27
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Most of the silliest wins come from jury trials. I think most other places use them much more rarely than the US.
In Canada, a jury trial is possible in civil matters but it represents a miniscule proportion of matters going to trial.
Most of the silliest decisions are reversed on appeal . . . whether the decision was jury or judge.
For example I remember a thread where people decried the Canadian court system when a judge acquitted an inmate of a weapons charge when he had fashioned a weapon out of available materials. People even characterized the decision as providing the prisoners with a "right" to arm themselves. I saw in the paper this weekend that the trial court reversed 3-0 on appeal in a pretty forthright decision.
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Spiffor
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CPA - Evil Clone brigade
Nov 2001 time: 06:27
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What disturbs me is the willingness to find a culprit for every accident that happens, or every stupidity.
This trend has originated in the US, but is now spreading in the rest of the world (of the West at least). It doesn't only lie on the greed of the complainants. It also lies on the belief every problem is somebody's fault.
I've read an interesting book, where the author explains how today's consumer, who just loves to be pampered, is glorifying both the children and the victims, for they symbolize the complete lack of responsibility. You might want to check out Pascal Bruckner's The Temptation of Innocence (I thought it was an eye opener when I was 18).
The trend of going to court for whatever reason, even when the problem is the complainant's fault, seems to be a consequence of this glorification of irresponsibility. Whereas judges follow the logic of the law, juries are sympathetic to the plight of the complainant. And the one who should be responsible in all cases, the incriminated professional, must pay ridiculous amounts.
I don't know if you had such a case on your side of the pond, but a case in France one year ago really hit the fan. A mentally-handicapped boy was born in the early 80's, after the doctor didn't detect any abnormality. In 2002, the mother's problem was the survival of her son once she'll die of old age. Guess what she did to find money for her son ? Did she turn to welfare ? Did she turn to charity ? No, she sued the doctor who made a mistake 20 years ago, and the worst is that she won. Needless to say, as it was a precedent, all doctors were threatened to have such trials for every error with dire consequences they have made. Insurance premiums for doctors skyrocketed. Luckily, the politicians put a stop to this madness.
This woman wanted to milk millions from a doctor because of her child being handicapped. I think it is the worse case of "stupid trials" I've heard of until now.
(If you are interested in this matter, the whole affair is called "arrêt Perruche" )
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Skywise
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Samara's best friend
Jan 2002 time: 05:27
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quote: Originally posted by Spiffor
What disturbs me is the willingness to find a culprit for every accident that happens, or every stupidity.
This trend has originated in the US, but is now spreading in the rest of the world (of the West at least). It doesn't only lie on the greed of the complainants. It also lies on the belief every problem is somebody's fault.
The trend of going to court for whatever reason, even when the problem is the complainant's fault, seems to be a consequence of this glorification of irresponsibility. Whereas judges follow the logic of the law, juries are sympathetic to the plight of the complainant. And the one who should be responsible in all cases, the incriminated professional, must pay ridiculous amounts.
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Exactly the problem. If you make a mistake anywhere, you can get sued, and if you're just plain stupid, you can sue. Where is the, "humans make mistakes", "people learn from their mistakes", "only god doesn't make mistakes" and so on... There is no margin of error anymore.
What gets to me is exactly this:
If I'm walking down the street and I'm looking at a nice looking car (An RX-7 or something ) and break my foot because I trip on a crack in the street, I can sue!! It would be my frikin fault! I'm the one not looking in front of me, cracks are a normal thing in streets, the city cant check every street for every crack. Injuries are part of life, otherwise, we would'nt have evolved to heal...
Spec.
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