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Pekka
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em seu burro dos pais!
Feb 2002
time: 07:31
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Dark maze, and there's a nail there, just waiting to get stepped on? That sounds WEAK.. I'd suppose you should be extra careful setting up those things, if people are going to be in the dark and wandering there.. In here you couldn't sue for that, but in there.. I don't know.. I'd at least think about it. If they didn't apologize at all, then I'd sue for sure. If they did apologize sincerely.. I guess I'd let it go.
That's pretty painful I figure.. You know, when I was 9 or 10, I was playing in the woods by myself and climbing the trees and found a treehouse. It was pretty shaky looking and old, and naturally I climbed in it only to fall down (not high) and to a rusty nail on the ground sticking out from a board. Luckily I had good sneakers on, put the nail did penetrate my heal.. talkign about pain.. had to walk all the way back home and it stunned my foot all the way to my thigh good.. but that was pretty much about it though.
But I'm glad you're reasonably OK. Just think about it, that could have taken your eye out. Or someone elses if you didn't trip first. So I guess now you know what it feels to get stabbed.. I hope it won't leave a nasty mark on you.
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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999
time: 21:31
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The city is the one with the liability issue, because they're the deep pocket, at least in relative terms.
Even if you let them slide, they may decide it's unacceptable risk because the next guy might not.
If you wanted to be nice, you could basically get something equivalent to a couple of days of pay for a long weekend, or if the city has any sort of paid attractions like museums, theater, whatever, get them to spring for you. You don't have to be greedy, and you can let it slide, but lots of folks are altruistic and end up letting greaseballs get away with things.
One of the most interesting studies I've seen was about litigation and medical malpractice. It turns out about half of malpractice suits are bogus money grabs (no surprise there), but an equal number of claims which medical personnel (not lawyers) found to be clear malpractice were never litigated - patients just accepted the docs screwing them up, causing long term consequences, and were weenies about it. That, IMO, is even worse than the moneygrabbing bogus suits (for which I think both plaintiffs and lawyers should be severely punished), because it lets the incompetent and careless continue to get away with it.
In an ideal world, negligence is a very rare thing, and the negligent party makes a genuine effort to make things right, and nobody uses the very occasional incident as a ticket to freemoneyland - but we don't live in an ideal world. 
The solution is to be reasonable - don't bend over, and don't force the other guy to bend over, but deal reasonably. I've had a couple of things where I let people off the hook, in return for them demonstrating to me the steps they'd take so that someone else didn't get messed up.
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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999
time: 21:31
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quote:
Originally posted by Spiffor
No, but I am under the impression that here, the average reflex is not to use an accident as an excuse to milk as much money as possible (it's coming though).
Most probably, the police would have come and shut the place down until the attraction would obey security rules again. Edit: and the insurance companies, or the operators themselves would have paid for health-related costs. If not, they would probably be forced to by a court.
But here, courts are still not seen as a big jackpot. |
We used to have a similar setup here, but the result was that the negligent party really had no incentive not to be - worst case, he had to do what he should have done in the first place, best case, you could take some shortcuts and make an extra buck or two.
As old and beat up as my body currently is, I'd genuinely prefer not to get any more holes in it, or anything new broken, etc., but if some careless ******* does something to mess me up, and it's his fault and not mine, I can't give him the broken whatever it is, and say "here, you deal with the pain and the pain in the ass and the inconvenience, and I'll go back to minding my business like I was doing before you were a dumbass" - the theory (which doesn't lend itself to a money machine) is that you should be compensated to an equivalent value for whatever you've lost, economically or otherwise.
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Comrade Tassadar
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Super-condensed version of this thread...
GATEKEEPER: I hurt myself and it's their fault. It REALLY hurts. Should I sue?
EVERYONE ELSE: Yes.
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Kaak
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damn sue happy biatches
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Gatekeeper
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United States of America
Feb 2000
time: 23:31
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Hmm. This thread is quite interesting, and my thanks to MtG, Lefty, and others for contributing their thoughts to it so far.
I certainly will try to tread a balanced line when it comes to dealing with this. I'm not one of those types who gets a kick out of sucking the money out of an entity that's done me wrong by accident, but, like MtG said, I don't want to be a weenie, either, and just roll over. So I shall take it day-by-day.
I know I'm going to miss at least one day of work (maybe two) while recovering and keeping an eye on things, but my 234 hours of accumulated paid sick leave will cover that. I'm also saving the receipts for the bandages and anti-bacterial stuff I've had to buy (and will have to buy again, in order to cover the entire 10-12 day period the sutures will remain in place).
Lefty, I didn't know that my insurance would have control of any legal action that's taken, if it goes to that level. The insurance is through my employer.
**sigh** I wish I could just go to sleep for 10 to 12 days and wake up healed, albeit with a scar. Folks say that Neosporin is a good triple-action anti-bacterial agent that can reduce scarring, though. Any truth to that? Right now I'm using some greenish gunk as an anti-bacterial agent.
Gatekeeper
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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999
time: 21:31
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quote:
Originally posted by Spiffor
This theory I accept. Unfortunately, you're always talking about ambulance chasers, and I think these people show that something is very broken with your system.
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Ambulance chasers are a blight, but they're really not that effective. Mostly they screw their own clients, but taking a large fee for little work - this bit about "we fight hard for your rights" is blatant fraud - an ambulance chaser would much rather do 100 quick settlements for $10,000 each, than all the case prep work (for which they're often incompetent) for one case for $1,000,000.
quote:
The fact that you suggest to Gatekeeper to exaggerate his pain or to lie outright about it, simply so that he's not on his own if the wound complicates itself later, shows that something is wrong in America. At least in my worldview.
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The legal system is adversarial here - so you have to exaggerate up, because they'll spin down. Tell the exact truth, and they'll still spin down. Exaggerate a reasonable amount, and the reported view of reality will be more accurate. Exaggerate too much, and they'll know you're full of ****. They're not out to find the "truth" - they're out to present a credible rendition of the "truth" that is as favorable to their position as possible. Their perspective is "risk management" - in other words, doing anything they can to reduce their exposure to damages after the fact. Real "risk management" means trying to prevent the problems before the fact, and that's the sickness in the system.
quote:
Don't take this personally: I think you have given good advice to Gatekeeper given his environment. It's not you that I criticize, it's said environment. |
The difference is that there's actually a sort of balance here. Most people are used to (and accept) an environment where negligence and even reckless acts are beyond any real punishment.
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Kaak
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no offfense gatekeeper, but you sound like you've never had stitches before. It isn't rolling over not to sue someone for something that insurance will take care of anyway. when I was about a year old, i got pretty much eaten by a dog. almost three hundred stitches later, the dog was dead, but there were no lawsuits. Too many lawsuits are immoral
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Imran Siddiqui
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The Potterverse
Jan 1970
time: 00:31
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quote:
This is not a friendly, "Gee, we're sorry, how ya doin' ol' buddy?" chat, despite any pretense to the contrary. This is a "spin anything this dumb greedy mother****er says so you can use it as evidence he's not in pain, hasn't suffered, won't have any losses, so if the dumb bastard does get some ambulance chaser, we can stick his statements up his ass later" chat. |
MtG is 100% right. Don't say anything that could be beneficial to their case, because that is what they are looking for.
Don't give an inch . These people should at least pay for your medical bills, and I'd also take a few day's pay, even though you had lots of sick leave, you had to use it because of them.
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Gatekeeper
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United States of America
Feb 2000
time: 23:31
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quote:
Originally posted by Kaak
no offfense gatekeeper, but you sound like you've never had stitches before. It isn't rolling over not to sue someone for something that insurance will take care of anyway. when I was about a year old, i got pretty much eaten by a dog. almost three hundred stitches later, the dog was dead, but there were no lawsuits. Too many lawsuits are immoral |
I've had stitches before I was five years old, and had 'em above my left eye. So I'm not completely unfamiliar with them by any means.
That said, I'm not the one who brought anything up about lawsuits. **shrug** It was just an angle brought up by others and we went from there. But I think MtG has pertinent points that shouldn't be glossed over especially so in regards to signing release forms. Besides, if any legal action is taken, it will probably be my insurance company vs. their insurance company. I have no control over that.
As it stands now, I'm perfectly satisfied to heal up and be reimbursed for any up-front costs incurred. After all, I've got better things to do than ruin somebody else's life.
Gatekeeper
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26-10-2003 00:42
You gotta prove two things: liablity & damages. Sure, you might be able to show they didn't keep the place tidy and so they're liable. But how much are you gonna collect?? 
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