Monday, 30 November 2009

Are We Too Litigious?


Was in fact Mr Bumble, the beadle in Charles Dicken's 'Oliver Twist', right when he said 'the law is a ass ... a idiot'?

The following are either examples of 'great urban myths' (possibly!) or the current excess in litigiousness.


Example 1
Ms Grazinski of Oklahoma City, Oklahoma, purchased new 32-foot Winnebago motor home. On her first trip home from a football game, she drove on to the freeway, she set the cruise control at 70 mph and left the driver's seat to go to the back of the Winnebago to make herself a sandwich. The motor home left the freeway, crashed and overturned. Mrs. Grazinski sued Winnebago for not putting in the owner's manual that she couldn't actually leave the driver's seat while the cruise control was set. The Oklahoma jury awarded her $1,750,000 plus a new motor home. Winnebago actually changed their manuals as a result of this suit, just in case Mrs. Grazinski has any relatives who might also buy a motor home.

Example 2
Kara Walton of Claremont, Delaware, sued the owner of a night club because she fell from the bathroom window to the floor, knocking out her two front teeth. Even though Ms. Walton was trying to sneak through the ladies room window to avoid paying the $3.50 cover charge, the jury said the night club had to pay her $12,000 plus dental expenses.

Example 3
A jury ordered Amber Carson of Lancaster, Pennsylvania, to be paid $113,500 by a Philadelphia restaurant after she slipped on spilled soft drink and broke her tail bone. The reason the soft drink was on the floor - Ms. Carson had thrown it at her boyfriend 30 seconds earlier during an argument.

Example 4
Jerry Williams of Little Rock, Arkansas, was awarded $14,500 plus medical expenses after being bitten on the butt by his next door neighbour's beagle - even though the beagle was on a chain in its owner's fenced yard. Williams did not get as much as he asked for because the jury believed the beagle might have been provoked at the time of the butt bite because Williams had climbed over the fence into the yard and repeatedly shot the dog with a pellet gun.

Example 6
Terrence Dickson of Bristol, Pennsylvania was leaving a house he had just burgled by way of the garage when the automatic garage door opener malfunctioned and he could not get the door to open. He couldn't re-enter the house because the door connecting the garage to the house locked when Dickson pulled it shut. Forced to sit for eight days and survive on a case of Pepsi and a large bag of dry dog food, he sued the home owner's insurance company claiming undue mental anguish. The jury said the insurance company must pay Dickson $500,000 for his anguish.

Example 6
Carl Truman of Los Angeles , California won $74,000 plus medical expenses when his neighbour ran over his hand with a Honda Accord. Truman apparently didn't notice there was someone at the wheel of the car when he was trying to steal his neighbour's hubcaps.

Example 7
Kathleen Robertson of Austin, Texas was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside a furniture store. The store owners were understandably surprised by the verdict, considering the running toddler was her own son.


Do any (or all) of these strike you as just a tad excessive?

And which one/s really took your fancy?

12 comments:

  1. Hummmmm. I notice all of these are from the US. Most, I suspect, are urban myths. And those that aren't were surely overturned on appeal. Idiotic, most certainly, all of them.
    The law, alas, is often subject to the personal interpretation of a single individual, and has nothing to do with common sense, as in the recent case (widely reported here in the US) of a man in Virginia who was arrested for being nude in his own kitchen at 5 AM. Seems a woman and her 7 year old son were cutting through the man's yard (at 5AM!) when she looked in his windows and saw him standing in his kitchen having a cup of coffee by himself. When the police arrested him he protested, saying there is no law against being nude in one's own home. And he pointed out the only way the woman and her son--(that was the clincher. The poor 7 year old boy had seen a nude adult male body!!)--could have seen him was because they were both trespassing on his property and peeking in his windows. But the policeman arrested the man because "he seemed so comfortable." To which the man replied, "I'm in my own home. Why shouldn't I be comfortable?" So he was arrested for lewdness and exposing himself to a minor--and it turned out the woman's husband was one of the arresting officers.

    Naturally this was in the Bible Belt--in Virginia. Sarah Palin country.

    Unfortunately the man will have to spend a lot of money to fight his--incredibly stupid--arrest in court, and the fact of his arrest (for a sexual violation) will follow him for the rest of his life.

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  2. They all do. It's a terrible situation here in the States.
    Wit.

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  3. Hi Nick,

    They're all pretty shocking. It makes me feel somewhat ashamed of my country since they're all Americans.

    It does give me an idea. Maybe I should sue YOU for extreme penile anguish, since I spend so much time jerking off to your other posts, like the one immediately preceding.

    Just kidding.

    Love,

    Ken

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  4. hey paul

    yep, as i suggested, i suspect great urban myths too!

    but, although it seems to indicate being taken in at some deeper level, i sense that there's a grain of truth to this particular great urban myth - that we are a bit more litigious than we used to be

    partly it's that (here in australia at least) we want more and more absolute guarantees of protection in law - and the price will be the occasional lunacy that these 'examples' indicate

    curiously i'd heard of the 'nude in my own house' case - it seems to fit so perfectly the theme of the post. and thanks for taking the time to put it down in the detail it needed to understand it

    and yes he will for ever be 'the nude in the kitchen / sex offender' for many - even if he sues for defamation ... and there it goes again

    good to hear

    best, nick

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  5. hey wit

    i'm afraid it's more wide spread than just in the States - certainly it's the same here in australia - i used american examples cos i had them at hand but there must be plenty here

    take care

    best, nick

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  6. hey ken

    as i suggested to wit, it's not just an american phenomenon - we have it here too - i think it's a developed countries thing as much as anything else

    LOL - i'm surprised i've not been sued yet for distracting people from their proper pursuits in life - or is that in fact sex! freud would be with me on this!

    so i'm unrepentant - and there'll be more sex on the blog by morning

    best, nick

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  7. Reading those, OMG, I sure hope that all of them are myths, but have heard of others that WERE true, like burglars getting hurt inside the house that they were stealing from, and suing the owners and winning.

    Who knows in this crazy ****ed up world.

    ReplyDelete
  8. hey greg

    yeah i've heard of the burglars suing their victims and winning too - reckon there could be some truth here - but who knows - and of course once a myth begins it ends up true using this logic

    cya, nick

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  9. Yes, Americans are notoriously litigious. Yes, there are some outrageous jury awards.

    But juries aren't complete idiots (except some juries on racial matters). Some of those stories are doubtless urban legends, but it wouldn't surprise me to hear that some are true. However, if one is true you can bet that there are some important facts presented at trial and not reported in the story that make the award at least possibly reasonable. Also, as Paul in NYC said, there's lots of publicity for high jury awards but little to none when those awards are reduced on appeal.

    If you want some outrageous but true stories of people's sense of entitlement, visit notalwaysright.com

    Re burglars suing and winning for being injured in the houses they were burgling, usually that's when the owners set up unattended booby traps. In most states it's the law that you can't use potentially deadly force to protect property, only to defend yourself and your family when you are directly threatened.

    Stan

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  10. hey stan

    we are more litigiously minded over here of late too and some juries have the same outcomes - but most of course get it right (and go unreported) ... and the price for strong legal protection of the victim is a few strange legal outcomes - a small one i think

    and thanks for the URL for notalwaysright.com! will have a coffee and a read right now!

    and as far as the burglars suits i suspect GUMs (great urban myths) but maybe i'll find something on notalwaysright.com

    take care, nick

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  11. The Winnebago story is a myth (which is the polite name for a lie). You can check Snopes or lots of other sites that unmask such internet hoaxes. What is behind the ubiquity of these false claims? Would I be a conspiracy theorist to suggest the following? It seems to me there is a vast right-wing corporate conspiracy to discredit lawsuits and lawyers generally to foster the sentiment for tort reform in the United States. Such reform would greatly inhibit the ability of the little guy to fight back against giant corporations who do evil with impugnity.

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  12. hey scott

    dead on the money as far as i'm concerned!

    i've long suspected these great urban myths are a way conservative forces deal with what they see as leniency in the courts to smaller interests and the restrain it places on elites in our society - nothing can be as effective as wild exaggeration

    good to get your comment

    best, nick

    ReplyDelete