Well, if you don't believe sticking something up one's arse and then firing away, I don't know what else could be considered as frivolous.Quote:
Originally Posted by BullsLawDan
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Well, if you don't believe sticking something up one's arse and then firing away, I don't know what else could be considered as frivolous.Quote:
Originally Posted by BullsLawDan
You are quite right from the perspective of a cog in a wheel. I'm referring to the case as a statement on the American bar and the culture it reflects.Quote:
Originally Posted by BullsLawDan
The explosion in the size of the bar has changed its nature and character. It's reach is everywhere in this era. The zeitgeist of the bar today is as much a cause as a symptom of cultural problems which have changed the nature and character of American society, politics and economy.
Sure, the act was frivolous. I was talking about the lawsuit.Quote:
Originally Posted by Beevee
Why is this case a statement on the Bar?Quote:
Originally Posted by Albert Di Salvo
Someone was injured. They were injured by the stupidity and negligence of someone else. The fact that the negligent act was silly or might be gruesome to describe is not a reflection on anyone except the idiot who stuck the firework up his ass.
I mean, one of the seminal cases on tort law, Pfalsgraff v. Long Island RR, was caused by some dope who thought it was a good idea to bring fireworks onto a public commuter train.
What is the statement about the American Bar? What is the statement about the culture? Be specific. Because with empty non-answers like you just gave, I'm beginning to think you don't even know who is suing who over what in this case.
I understand where you're coming from on this.Quote:
Originally Posted by Albert Di Salvo
Back in the old days, anyone who stuck a bottle rocket up their ass, had it blow up, and then fall off a deck as a result, would have been too embarrassed to go to the hospital, much less hire a lawyer and file a lawsuit.
But, in this increasingly litigious society we live in, everything is fair game.
Solving cases like this is the "red herring"...
Quote:
Originally Posted by SpotsCat
Just as I suspected, the people calling this lawsuit stupid and frivolous have absolutely no idea who is suing whom and for what in this case.
Once again showing that lawyer haters are rooted in ignorance.
It's interesting to note that the plaintiff did not take reasonable care to ensure for his own benefit that the deck was safe, yet he is the complainant because he suffered partially from his own negligence.Quote:
Originally Posted by BullsLawDan
Frivolous, by both parties is right.
Umm... what? How was the plaintiff supposed to do that? And why would that be his responsibility? Are you saying before i enter any place I have a duty to inspect it and make sure there aren't any code violations or hidden dangers? I need to have an engineer or structural inspector following me around at all times who's qualified to do that?Quote:
Originally Posted by Beevee
Again, I don't think anyone posting in this thread knows what is actually going on in this case aside from myself.
If I saw a deck that looked dangerous, I wouldn't place a foot on it.Quote:
Originally Posted by BullsLawDan
If a lawsuit can take place after the event, then the problem was there to be seen before the event.
Except that the average person cannot be expected to know when a deck is dangerous. That's why the law places the duty on the owner of the deck to ensure it's safety through proper maintenance and inspection.Quote:
Originally Posted by Beevee
Not by an average person. Not even by an expert making only a cursory review, in some cases.Quote:
If a lawsuit can take place after the event, then the problem was there to be seen before the event.
You seem to have a perverse idea of the duty of care we owe to one another whereby you suggest that every person is absolutely responsible for their own safety in every situation, even those out of their control, and must take ridiculous measures to prevent being hurt.
Let's say you walk onto my deck. It has a large, beefy-looking railing. You rest your hand on the railing and it gives way, causing you to fall 10 feet and crack your skull. Later, it turns out that my beefy-looking railing was only sitting on top of the deck, and was not secured to the base or surface by anything. In today's world of hidden screws and fasteners, you're saying that you would take responsibility for not knowing my railing was improper, and you wouldn't ask me to pay any of your bills or anything?