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I've noticed that a lot of times if someone says person #1 sued person #2, people's kneejerk response is that person #1 is awful. Of course, some lawsuits are totally stupid or unfair or unjust, but presumably sometimes person #1 took person #2 to court because person #2 did something awful. What accounts for people's response to this sort of thing? What is your gut response?
I am neither a lawyer nor a legal expert in any way. However, I think we see, in our popular media, a lot of lawsuits that either are 1) without merit, and 2) are pursued purely for the sake of harassment or to influence the behavior of another party.
A good example: a company in the town I used to live in made a line of "classic" movie monster figurines, including the Hunchback of Notre Dame. The Hunchback has been around long enough that the character is in public domain, so anybody can base work on it. That didn't stop Disney from threatening to sue our local folks, because they had their own movie out and apparently felt that no one else should be making money from that character. The local company did not feel that they could afford to defend the lawsuit, even though it was clear that they were within their rights. So, they stopped producing the item.
That's not to say that all, or even most, lawsuits are without merit. It's certainly the perception the general public has, though, and I think it's part of a larger feeling of resentment and disconnect from our government and legal system.
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Originally Posted by AmeliaG
ive never witnessed that kind of reaction to legitimate lawsuits, however it is very rare these days that its covered in the news, as it is deemed by the good and right media outlet that the retarded lawsuits are in more need of attention.
people who generalize something so broad as "suing" as being either bad or good are just stupid. it's like people who say "guns are bad". i mean how do you even respond to that? there's so many facets, scenarios and perspectives on issues like that... i dont understand how people can summarily classify them.
in any event, if someone fucked me over to the point that i was physically or financially damaged, i would have no problem taking them to court to get some restitution.
Because sensible lawsuits seldom make the news. And even when they do they get spun until they are 'newsworthy'.
Look at any news story and you will be hard pressed to find one where a lawsuit is presentedin a positive way.
it's a method that can be taken advantage of, sure, but it's certainly not bad, in fact the process should be made easier so a lot more people can do it,
the horror,the horror :1orglaugh
People tend to jump to comclusions. They see the frivolous lawsuits on tv and assume you are filing one. They may assume you have the wrong motives etc. I don't think people tend to get all the facts. They may just see it as an act of aggression on your part. From what I've learned over the last year or so, this is generally not this case. Litigation is a natural product of a rule based society. There will inevitably be disputes and bad actors. People should get all the facts before making judgment. Most people will be in court at least once of the course of their lifetimes. In short, fuck em. They'll get over it.:thumb:
OEC
SEMANTICS!
If you say "i am suing this person" you sound like the asshole.
If you say "I am taking this person to court"
then you sound like you are the one standing up for your rights
as OEC mentioned above. Litagation is a natural product. and that is what is implied by saying "taking someone to court" where suing just sounds like you are out to get there money.
You hit the nail on the head. Semantics (sad but true)Quote:
Originally Posted by skully
OEC
Civil law is the public's extension to criminal law, so they can protect their rights above and beyond the relatively few crimes the police are interested in following on your behalf - and so being able to sue is an essential part of any free society - that's free for the victim and free for the perp. The problem is that civil action means money (since it's not all that easy to sue someone into the electric chair), and money implies greed. What people object to is the greed, not the principle - if 'taking person A to court' was bad in itself, then you'd have to be anti-police as well. The difference is that a parking ticket "fine" isn't seen the same as a civil case award (maybe the state isn't allowed to be greedy.. yeah - right.)
"Blame culture" is one thing, and I for one accept that most crap that lands on you is someone's fault. If it's not yours, then you can probably blame someone. What I don't agree with is asking for exhorbitant amounts of cash, when in reality most cases could be settled by a public apology and paying back the actual cost of what went wrong. How come, for example, if you ran into the back of someone's car would you expect to pay the exact value of the repair to their fender, but then several thousand for their hint of neck pain? Why not just a day's pay and the cost of their meds?
mG
It's almost relative in a way because what some people would sue for , others wouldn't . There is a woman on another forum I go to that is trying to sue Starbucks for them not settling down another patron's children. The woman trying to sue Starbucks had her cornea damaged when being caught in the middle of a bit of roughhousing of two kids . I suppose I would want my doctor bill payments refunded to me but I wouldn't go further than that. Depends on the situation. I can't put all lawsuits under one judgment, that's ludicrous, needless to say some are valid.
shes suing starbucks... for not calming down OTHER peoples children?
why dont their parents calm them the hell down? wtf!
I have no idea why this woman tried to even attempt this.There has been an update though, she is going to get her medical bills paid and got a gift card from Starbucks. If it were me , I would have left the vicinity of wild children. I love kids, don't get me wrong, but sometimes they get out of hand. It is up to the parents to settle them down, I agree completely. Speaking of children.... how you feeling ? :p: I am excited about the newest Blue Blood baby! Pull-My-Hair has a gorgeous baby boy too..Quote:
Originally Posted by mmmcherry
im not a fan of civil law. that basically means it's not a real law, but we're going to get lawyers and judges involved anyway. if you want to settle your own shit then im all for it, but do it with dancing for god's sake. that's how gangs settle thier disputes.
where do people get the idea that legal representation is free?
hah yeah some parents just think if they ignore their kids... theyll be good.Quote:
Originally Posted by Mirren
thats not exactly how it works :S
hah im... still sick tho. threw up today... cant eat chicken soup anymore. yuck!
you just see west side story or something MG?Quote:
Originally Posted by Morning Glory
My opinion is, on ridiculous lawsuits, you shouldn't be rewarded for being a moron. Like the "oh crap my coffee is hot and it's not marked on the cup that it's hot so I'm gonna sue Mc Donalds" story. Or the "my husband is gay because he got into a car accident with this guy and so I MUST sue him". I hate lawsuits like that.
But on the other hand. Most of them aren't ridiculous, I really don't have a problem one way or the other. But then again, I haven't been sued (knock knock).
yeah i dont thing suing is nessecarily bad only when its stupid, hell im preparing to sue an organazation that caused me a great deal of psychological damage and the only way i can think of to legally bring them to justice is to sue them because there apparently arent laws against what they do (sorry im being vague but said organation is also quite happy to harrass the shit out of websites or even forums where members post bad things about them and i dont want Forrest and Amelia to get harrased over it.)
You have to look out for yourself, if you don't who will? You have to do what you have to do in your best interest. I wish you luck in your action. I had to plead a case in front of a judge before, turned out in my favor and it was the proper thing, just getting what was coming to me. I represented myself, people thought I was off my rocker :p:Quote:
Originally Posted by Kidthorazine