Stupid Stupid Stupid... Investigators Blame Stupidity In Area Death

[gonaads]

This thread is getting depressing... I'm getting lost in all the legal gargon.











j/k

 

[Son Goku]

Damn, this thread has gone from stupidly funny to intellectually funny. How the hell did that happen?

Hey Son Goku, I would have sued that old fart and yer employer. The old fart for being stupid and your employer for having a policy that would make you not do anything about the incident.


Hey, ya could've been rich and retired.

hehe, I'm not really one to file law suites. Luckily that fogy with the tank wasn't backing up to too fast, so there wasn't an injury (though of course I did feel it). Still, yelling at me, because I should be there doing my job

As to the employer, in the end, they might have deserved it. Lets just say that after having worked there for more then 3 years they turned around, gave this whole new benefits package (that they introduced for employees) along with a new (and better pay scale)...

The problem is, around that time they started hiring new workers like crazy (even though there was increasingly not enough work to go around) so hours kept getting cut. Then, they started firing people left and right, until before it was over more then 90% of the workforce that had been there for 3+ years (that would be elligable for all these benefits they were announcing) would be gone...

When I went to unemployment, the state required there be a hearing to determine if the firing was legitamate or illegitimate... No rep from the store even bothered to show, even though they were legally required... Only after they got to read my statement, did the store bother to respond, to try to refute what I was saying. After looking it over, the state determined they were lieing, it was an illegal firing, and I qualified for unemployment...

I since moved out of state, but my parents (who had shopped there) mentioned that the service got so bad without any of the longer term employees... All the new employees just didn't know how to do the job, so it became rather pathetic. They probably only got away with it, as my parents retired in a small town and not much in the way of competition... 3 years latter, they did it again, firing most of the people that worked there for 3+ years, while continuing to claim the great benefits packages they'd have to bring new employees in...

 

[Son Goku]

there are allready remedies for frivolous lawsuites...most of the time if a case has merit but sounds frivilous, that industry will try to make the person who was harmed look foolish, when in fact they were harmed

I think one of the biggest remedies could be, if a case is found frivalous, the complaintant is then required to pay the court costs for having held the trial

Unfortunately, I'm not sure much would change until people are willing to take more personal responsibility in many of these cases. It seems however, in many of them it's easier to sue another...

Still, the alternative (like in the getting fat from eating too many hamburgers), of the fast food place (and latter resturants) watching our diets for us, I would not like. I'm sorry, but I wouldn't exactly want the waite person (or in fast food, cashier) to act like my personal nutritionist... They're supposed to serve my food, not become "big brother"...

 

[Perris Calderon]

I think one of the biggest remedies could be, if a case is found frivalous, the complaintant is then required to pay the court costs for having held the trial

Unfortunately, I'm not sure much would change until people are willing to take more personal responsibility in many of these cases. It seems however, in many of them it's easier to sue another...

Still, the alternative (like in the getting fat from eating too many hamburgers), of the fast food place (and latter resturants) watching our diets for us, I would not like. I'm sorry, but I wouldn't exactly want the waite person (or in fast food, cashier) to act like my personal nutritionist... They're supposed to serve my food, not become "big brother"...

that's a great solution for frivilous law suits son goku

on the other hand, my point is that in most cases, the person couldn't possibly take personal responsibility since the industry IS at fault

for instance, if I am on a strict diet and I can only have 20 carbs a day, the restaurant claims their salad is 15 carbs, but in reality it is 30 carbs, they should definately be liable for damages

there marketing needed to indicate a range, and it did not, and I will be counting on what they promised

however, when I won that law suit, they would market it as if I were to blame

 

[dreamliner77]

perris,

You know I hate to correct you, but since I worked at McDonald's around the time of the infamous coffee incident, let me just make a few points.

1) The woman did win the lawsuit, which was originally for $10 million (definitely frivilous and covered more than skin grafts). However, on appeal, it was lowered to somewhere around $500,000.

2) It wasn't a Health Board standard for the coffee temp, but rather because McDonald's had set internal standards for the coffee to be served between 185 and 190 degrees F that gave the case merit.

 

[j79zlr]

law suits that are brought without merit are dismissed.

If only this were true.

 

[dreamliner77]

If only this were true.

They lawsuits like this still have to go up to a board (similiar to a grand jury) to see if the charges are meritous.

 

[Shamus MacNoob]

Ahh the great USA land of the Free and frivilous lawsuits


lol

 

[Son Goku]

They lawsuits like this still have to go up to a board (similiar to a grand jury) to see if the charges are meritous.

And yet in the jury selection, who might get selected. I was summoned for jury duty about 2 years ago... The case I was called in for was a slip and fall case. Lets just say that anyone who might not be sympathetic to the woman's claim, was erm not selected for the jury... Ideally, one would want people who are neutral/objective to serve on the jury. After the selection however, I'm not sure if this is exactly what was gotten...

Oh, and speaking of which, I was at the mall the other week, and the Anime shop I was browsing around, the guy had a TV... He was watching Judge Judy.

Check this out. This one mother was sueing her own 14 year old daughter for hospital expences after the mother was hit by another driver and her daughter was injured in the car accident. Did she seem concerned about her daughter or her health? No. Did she bother to try to file with insurance? No. Did she even try to sue the other driver who hit her? No. She literally sued her own daughter (who was under age and not even elligable to work), to try to collect for medical expences...

She was one of the most incensitive and un-caring mothers, and the whole thing left the judge stunned. Judge Judy was like "let me see if I got this right...?" "So, are you saying...?" The judge was practically shaking her head in dis-belief and in disgust...

Finally, the judge, already put off by this somewhat asked to see the bills. Oh, the mother didn't even bother to bring them to the court so they could be looked at. By this point, (and anyone who has ever seen Judge Judy can just imagine what her reaction might be), was ready to yell at the mother, pretty much said she didn't believe this plantiff, and in addition to how she could sue her own daughter for having got injured in a car the mother was driving, doesn't even bother to bring the medical bills to establish whatever she thinks her case is...

 

[Perris Calderon]

1) The woman did win the lawsuit, which was originally for $10 million (definitely frivilous and covered more than skin grafts). However, on appeal, it was lowered to somewhere around $500,000.

I knew this part, I actually think it was lowered to about 300000

awards are designed to prevent corporations from wonton damge to citizens of this country

all she wanted was her hospitol bills payed, mcdonnalds refused

in fact the award was lowered to 3 times damages, which is lower then the standard of 5x'

the judge also reduced the damage by the person injured contribution to the injury

2) It wasn't a Health Board standard for the coffee temp, but rather because McDonald's had set internal standards for the coffee to be served between 185 and 190 degrees F that gave the case merit.

the fact that mcdonnalds were serving coffee that they knew was dangerous is what gave the case merit...30 to 40 degrees hotter then coffee drinkers will make for themselfs

officers of mcdonnalds testified at the trial that the corporation was aware of the danger

more info

 

[Perris Calderon]

If only this were true.

you're in luck, it is true, however, consolidated media will promote the cases it knows will erk people into allowing corporations to go without risk of litigation

this is pretty simple...get common folk to agree that law suits are usually out of hand and you can convince some of them that corporations shouldn't be held accountable to the damage they bring

then laws that prevent these corporations from taking advantage of you and me will be rescinded, and we will be doing it to ourselfs

this big bussiness marketing trick works on some people when they hear about it in the consolidated media, and corporations will be having their way thanx to people as such