kwesler
Contributor
My $.02 on this, although the thread has become about tort reform!
As background, let me state for the record that I have been the victim of many frivolous claims. Performing arts centers have big targets painted on them as far as slip and fall cases go. It is pretty well known that insurance companies are good for a quick settlement rather than go through lengthy and expensive litigation. In fact, I pressed our insurance company to fight one claim-they won, but it cost them over 10 times what it would have cost to settle.
My dive buddy is a plaintiff's attorney, so he can be construed as "the other side" in these matters...
What I have learned from him, is that the number of frivolous actions is dwarfed by the meritorious, needed actions which are the only way for "the little guy" to be heard. Again-I am politically conservative so that is a painful admission for me!
Case in point-I was one of the many people who was outraged by the "hot coffee lawsuit" in which a prominent fast food chain was assesed enormous punitive damages for serving coffee which was too hot, resulting in serious burns by a Customer who, admittedly, was dumb enough to hold the coffee between her legs. What I later found out, was that this chain was in court repeatedly over this issue, and only reduced the temperature of the coffee as a result of the huge judgement against them. The jury knew of the previous cases, hence the seemingly out of left field damages awarded.
Not only are there usually two sides to every story-sometimes there are three sides.
Our legal system is flawed, but what complicated system, designed to attempt to serve multiple consituencies, is not?
So I respectfully suggest that professions not be universally despised without a little consideration of the other point of view. I hope you and I never need to sue anybody for anything, but if we do, I can almost promise that SOMEONE will think our suit frivolous, and it will not be to us!
Again, just my $.02
Ken
As background, let me state for the record that I have been the victim of many frivolous claims. Performing arts centers have big targets painted on them as far as slip and fall cases go. It is pretty well known that insurance companies are good for a quick settlement rather than go through lengthy and expensive litigation. In fact, I pressed our insurance company to fight one claim-they won, but it cost them over 10 times what it would have cost to settle.
My dive buddy is a plaintiff's attorney, so he can be construed as "the other side" in these matters...
What I have learned from him, is that the number of frivolous actions is dwarfed by the meritorious, needed actions which are the only way for "the little guy" to be heard. Again-I am politically conservative so that is a painful admission for me!
Case in point-I was one of the many people who was outraged by the "hot coffee lawsuit" in which a prominent fast food chain was assesed enormous punitive damages for serving coffee which was too hot, resulting in serious burns by a Customer who, admittedly, was dumb enough to hold the coffee between her legs. What I later found out, was that this chain was in court repeatedly over this issue, and only reduced the temperature of the coffee as a result of the huge judgement against them. The jury knew of the previous cases, hence the seemingly out of left field damages awarded.
Not only are there usually two sides to every story-sometimes there are three sides.
Our legal system is flawed, but what complicated system, designed to attempt to serve multiple consituencies, is not?
So I respectfully suggest that professions not be universally despised without a little consideration of the other point of view. I hope you and I never need to sue anybody for anything, but if we do, I can almost promise that SOMEONE will think our suit frivolous, and it will not be to us!
Again, just my $.02
Ken