Why do you sue? |
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Vibrationbaby
Forum Senior Member Joined: February 13 2004 Status: Offline Points: 6898 |
Topic: Why do you sue? Posted: April 08 2009 at 10:21 |
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On the evening news back in the 80s sometime there was this news clip from the US somewhere about this guy who`s son had been sexually molested and they had caught the guy responsible.
They showed a video clip of the child molester being led into or out of the court room ( I can``t remember which ) shackled and cuffed. Then they highlight another guy in the background on a payphone. What happens next is the guy on the payphone pulls out a handgun and pumps at least 3 or 4 rounds into the child molester killing him and then drops the gun and raises his hands. It was the child`s father. I can`t say I blame the guy. Sometimes, especially here in Canada the court system is too lenient and full of bleeding heart prosecutors and judges. Just this week here in Montréal there is a case that has been adjourned for a couple of months while a judge and jury thinks about this : A guy gets all cranked up on ecstasy and alchohol and stomps a girl`s head in killing her. The defense is going for manslaughter while the prosecution is going for 2nd degree murder. If I was the girl`s father I think I would solve the problem myself and save the courts some time and money. Just as BaldFriede pointed out in another thread the courts f*** around with cases and drag them out causing people uneccessary emotional and financial grief while they count their $$$$$$. If this guy gets say ten years for manslaughter he`ll be out in about 3 years counting time served as double! Edited by Vibrationbaby - April 08 2009 at 10:22 |
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limeyrob
Forum Senior Member VIP Member Joined: January 15 2005 Location: England Status: Offline Points: 1402 |
Posted: April 08 2009 at 05:57 | ||
Perhaps I shouldn't comment across threads but I was obviously being unsuccessfully sarcastic about taking a life for a life.
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Vibrationbaby
Forum Senior Member Joined: February 13 2004 Status: Offline Points: 6898 |
Posted: April 07 2009 at 10:36 | ||
How about this one from Pink Cadillac :
" I have strong feelings about gun control. If there`s a gun around, I want to be controlling it. " |
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Atavachron
Special Collaborator Honorary Collaborator Joined: September 30 2006 Location: Pearland Status: Offline Points: 65248 |
Posted: April 06 2009 at 21:24 | ||
"Nothing wrong with shooting, as long as the right people get shot." -- from the same film, a chilling but terrific line |
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debrewguy
Special Collaborator Honorary Collaborator Joined: April 30 2007 Location: Canada Status: Offline Points: 3596 |
Posted: April 06 2009 at 21:19 | ||
Or how about this - if only the exceptions to the rule were not constantly trotted out as examples, without the actual arguement presented before the court, nor the reason for the judgement being presented .
"cause don't you know, sometimes when you know it all , you actually know why . Not that ignorance ever stopped someone from making an overgeneralized comment to support a blinded view of the world. |
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"Here I am talking to some of the smartest people in the world and I didn't even notice,” Lieutenant Columbo, episode The Bye-Bye Sky-High I.Q. Murder Case.
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Vibrationbaby
Forum Senior Member Joined: February 13 2004 Status: Offline Points: 6898 |
Posted: April 06 2009 at 12:32 | ||
As Dirty Harry would say : " I hate the goddam system, but until someone comes along with some changes that make sense, I`ll stick with it."
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micky
Special Collaborator Honorary Collaborator Joined: October 02 2005 Location: . Status: Offline Points: 46833 |
Posted: April 06 2009 at 12:22 | ||
hell yeah.... what seperates us from the goons out there is while we would PREFER to take action and kick some ass... we know better and just feel it... not act on it.
some a****le cut me off in traffic today and ...hahahhah... I sh*t you not.... made me spill my fresh hot Micky D's coffee in my lap (thank God for the old broad or I'd be an IT right now). I thought twice about taking my much larger vehicle and putting him off the road... but like the good citizen I am... i just rode his bumper for a few miles and cussed him out like a sailor and showed him the birdie when I got to pass him later. Edited by micky - April 06 2009 at 12:23 |
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The Pedro and Micky Experience - When one no longer requires psychotropics to trip
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Vibrationbaby
Forum Senior Member Joined: February 13 2004 Status: Offline Points: 6898 |
Posted: April 06 2009 at 09:44 | ||
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crimhead
Forum Senior Member VIP Member Joined: October 10 2006 Location: Missouri Status: Offline Points: 19236 |
Posted: April 05 2009 at 11:25 | ||
A firefighter suing fire departments and fellow fire fighters.
http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/B900B8B75F25CAD68625758D000A3E8F?OpenDocument |
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Dean
Special Collaborator Retired Admin and Amateur Layabout Joined: May 13 2007 Location: Europe Status: Offline Points: 37575 |
Posted: April 05 2009 at 05:25 | ||
Obviously you've never had to leave your car parked in a hospital carpark for 48 hours while you undergo an emergency operation. You even have to pay to watch television during your stay. These are some of the valid out of pocket expenses that you are entitled to claim for - since you would not have had to pay them if the accident didn't happen.
Statutory Sick Pay is £75.40 a week and is only payable for the first 28 weeks.
As we have been discussing in another thread - the USA does not have a national health system. That accounts for a third of the population of your "modern countries".
People do not make claims for telephone-number amounts - they are simply not allowed to - they can only claim for compensation for expenses and nothing more - these are called Compensatory Damages. The woman in the McDonald's case originally claimed for $20K - that is not an unreasonable amount of money (health care, loss of earnings etc.) - McD's refused to pay and lost the case. They had to pay out eight times that to cover the expense of forcing the claimant to pursue the case. Making that claim, or accepting the payout, has nothing to do with greed.
The courts can also award Exemplary Damages (or Punitive Damages in the USA) in cases where the defendant's conduct was calculated to make a profit for himself - these are the silly numbers you read about in the red-tops and the value of them is not the "fault" of the person making the claim - they are based upon the "greed" of the person who was responsible for the accident and take into account the amount of money they earned as a result of their irresponsible action. The purpose of this is to stop them from doing it again. In the McD case that was $2.7 million - or 2 days sales of coffee and it was imposed as a punishment on the company for their action - she never claimed for that amount, it was awarded by the court.
The system is geared towards big-business and against unreasonable and excessive claims. The cases where the little-guy wins big bucks are very rare, but when they do it makes the headlines - being awarded £3K for a minor accident isn't going to sell newspapers or cause indignant outrage in the minds of Sun and Daily Record readers
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crimhead
Forum Senior Member VIP Member Joined: October 10 2006 Location: Missouri Status: Offline Points: 19236 |
Posted: April 05 2009 at 01:04 | ||
Sometimes a lawsuit is your only avenue. Health insurance companies are dictating how a doctor should treat his patients. They say that they have their doctors looking at patients files and telling what can and should be covered. Doesn't that scare anyone? Would you want a doctor that hundreds of miles away telling the doctor that is physically in the same room what he can and can't do? My g/f has been fighting with her healthcare insurance provider for years now about her daughters care and it took her getting a new job with different healthcare insurance to get the procedure done.
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horsewithteeth11
Prog Reviewer Joined: January 09 2008 Location: Kentucky Status: Offline Points: 24598 |
Posted: April 04 2009 at 23:35 | ||
Ahuh. Looks like someone has already made up their mind on this issue. |
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visitor2035
Forum Groupie Joined: December 26 2008 Status: Offline Points: 61 |
Posted: April 04 2009 at 22:10 | ||
Stupidity should not entitle you to sue...and in modern countries with an NHS and sick pay benefits the loss of earnings is not an issue. Unless your a greedy b@s££d.
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limeyrob
Forum Senior Member VIP Member Joined: January 15 2005 Location: England Status: Offline Points: 1402 |
Posted: April 04 2009 at 14:14 | ||
Point of order please. This would be described as vengeance and taking the law into your own hands (so to speak) Edited by limeyrob - April 04 2009 at 14:15 |
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micky
Special Collaborator Honorary Collaborator Joined: October 02 2005 Location: . Status: Offline Points: 46833 |
Posted: April 04 2009 at 08:33 | ||
exactly... that coworker of mine did not sue the company for lost wages during his time off due to his mistake... he made a mistake by working unsafely on a ladder (something we all have done.. many times) and not letting the screw go. He got the medical and partial wage benefits while out of work. All he wanted was his job back when he recovered. |
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The Pedro and Micky Experience - When one no longer requires psychotropics to trip
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Dean
Special Collaborator Retired Admin and Amateur Layabout Joined: May 13 2007 Location: Europe Status: Offline Points: 37575 |
Posted: April 04 2009 at 08:27 | ||
^ we had some equipment delivered in the early morning - the only people around were a collegue and his technician - rather than wait for the rest of us to arrive, they decided to move it themselves. Needless to say, it toppled and crushed the tech's leg, putting him in traction for several months - he could have sued the company and my collegue, he did not, but he did claim for compensation and won. My collegue had to live with the guilt of seeing a once athletic young lad limping around with one leg now shorter than the other - it had a profound affect on him that no one could help with - you could say that both parties were damaged in that accident.
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micky
Special Collaborator Honorary Collaborator Joined: October 02 2005 Location: . Status: Offline Points: 46833 |
Posted: April 04 2009 at 07:59 | ||
I remember the case of a former coworker at a company I used to work with....
was trying to repair a light .. working on the top step of an 8 foot ladder and dropped a screw and did the natural thing and reached out to catch it and fell. Broke both of his elbows and arms. .and was out of work for almost a year. During the time while he was gone... certain unsavory aspects of his personal life came out.. nothing illegal.. but not exactly upstanding behavior either. What it was though was in his personal life and did not reflect upon his job or preformance of his job. The company was going to fire him when he came back to work... so what did he do... he got a lawyer and threatened to sue the company... not only did they not fire him... they promoted him to management. Personally I thought the guy was a scumbag... but he turned to the legal apparatus and tools to make sure he as not trampled on as a worker... |
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The Pedro and Micky Experience - When one no longer requires psychotropics to trip
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Dean
Special Collaborator Retired Admin and Amateur Layabout Joined: May 13 2007 Location: Europe Status: Offline Points: 37575 |
Posted: April 04 2009 at 07:47 | ||
For you maybe, (not that you'll appear particularly receptive to other peoples answers), people sue for compensation for loss caused by the negligence of others. That negligence is often driven by greed so it is only fair that those greedy people are made to pay for causing the accident.
If someone runs into the back of your car you expect that person's insurance company to pay for the damage repair, and you certainly don't expect to have to pay for the repair of the other car (you have already decided balme in this case - it was not a knock-for-knock blameless accident - a rear-end shunt is always the fault of the person who shunted you.). If you receive a physical injury in that accident you will get NHS treatment so why claim for compensation for that? Because of loss of earnings, because "out-of-pocket" expenses caused by having restricted movement or no transport, maybe from now on you have to have specially adapted equipment to enable you to go about your daily life - this costs you money that you would not have to spend if the accident never happened - and because perhaps the quality of your life is now restricted through no fault of your own. (How can you put a price on quality of life? There is no magic formula and no figure will ever be right, but I can tell you it isn't "nothing").
So don't give me "accidents happen" because there is no such thing as a blame-free accident - all man-made accidents are caused by the carelessness, negligence or down-right stupidity of someone, and by that, most accidents are preventable (all are preventable in hindsight).- if you can prove that the person responsible did not take proper precautions to ensure your safety then you have a right to compensation for their neglect... the Prosecution services may even do that for you where criminal neglect is involved.
Modern employment law is structured so the company owners, management and directors are responsible for the safety of their workforce - this is not so we can sue the nuts off them when we have an accident, it is to ensure that they comply with safety procedures to protect themselves from being sued. They in turn place that responsibility back onto the employee - all employees are responsible for their own safety and that of their co-workers. This means that you have the right to refuse to do something you deem as unsafe. We have a Manual Handling safety demonstration every year - if I then put my back put lifting a PC monitor that is now my fault and I cannot sue the company (in fact they could fire me for breaking safety codes and rendering myself unfit for work).
Edited by Dean - April 04 2009 at 07:49 |
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Petrovsk Mizinski
Prog Reviewer Joined: December 24 2007 Location: Ukraine Status: Offline Points: 25210 |
Posted: April 03 2009 at 22:25 | ||
Why do you sue?
But I don't though. You're just assuming I do with that thread title. :P
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Equality 7-2521
Forum Senior Member Joined: August 11 2005 Location: Philly Status: Offline Points: 15784 |
Posted: April 03 2009 at 22:24 | ||
Having your rights violated in a way that costs you some amount of money? Or is that not sufficent enough. |
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"One had to be a Newton to notice that the moon is falling, when everyone sees that it doesn't fall. "
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