Thursday, October 20, 2011

Frivolous lawsuits are way out of control!

How about the civil justice system?  Where for the most part, people seek and receive redress for wrongs committed to them.  It's the least part that I'm speaking of and that gives the whole system a tainted feel to it.  It's when a burglar can break into your home in the wee hours of the morning and while walking away from your home, with your television set, on your driveway that he slips, trips, etc. and falls.  The fall breaks his arm and in turn you get sued for his medical bills.  Then the unthinkable happens; he wins the lawsuit!

I'm talking about the 'slip-n-fall' artists that plague our businesses and drive up prices all over with their fraudulent injury claims.  I'm talking about the simply stupid people that sue manufacturers and vendors for not having a disclaimer printed on a plastic bag used in packaging telling the stupid person not to put it over their head!  How about the guy driving his newly bought RV that set the cruise control on then got up and went to the back of the RV???  I guess in his dim mind he mistook cruise control for auto-pilot; who knows what was going on in that birdbrain???

Sadly, those are not items I made up!!!  There are so many more examples of the silliness that happens in our civil court system on a daily basis.  My problem is this.  Why are these stupid lawsuits not just immediately dismissed by the judge?  Why does an attorney even take these cases?  The answer is simple; MONEY.  They can make big money with the nuisance lawsuits.

Now the solution to this has been proposed before but I have a slight twist to it.  The solution all ready suggested is "loser pays" and I agree with that with just a slight twist.  My twist you ask?  LOSING ATTORNEY PAYS FOR THEIR OWN COSTS, THE COURT COSTS, AND ALL THE OPPOSING ATTORNEY COSTS AND FEES, LOST WAGES, ETC.!  Their client is liable for the judgement, damages, back wages, pain & suffering, etc.  It is up to the attorney to get the money from their clients for all the legal fees associated with the trial.  From the research and expert witnesses, down to the private investigators and police man-hours tracking everything down.  That stops frivolousness in its tracks!  If a case gets to court then you will know it will have merit. 

So, my solutions is loser pays with a twist.  Losing defendant or plaintiff pays the judgement of the suit but all the costs of the suit and court costs, the whole enchilada is to be paid by the losing attorney!  Now let's see how many silly lawsuits make it all the way to trial?  What do you think?

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