[simpits-tech] One more PC case question.........

[RickInNoCal at aol.com]

In the USA, unlike most other countries, an unsuccessful plaintiff is usually 
not liable for the defendants legal costs. Combine this with "no-win, no-pay" 
contingency fees for plaintiffs lawyers, and you have a situation where in 
all but the most egregious cases a plaintiff has literally nothing to lose in 
filing a suit. 

This, combined with the dismal educational level of most jurors (Claudius 
Ceasars definition of a jury could have been written for the US - "12 men who 
were not smart enough to get out of jury duty")  forces most defendant companies 
to adopt almost a 'settle at all costs' mentality, as a run-away jury can cost 
you millions. 

Remember the Dow-Corning class action suit over breast implants ?  A 
multi-billion dollar jury award was overturned after a juror admitted to a reporter 
that the jury had believed Dow's scientific evidence that the disorders were not 
caused by the implants, but that "those poor women were so sick they deserved 
something", and tha Dow was rich enough to afford it. Dow settled out of 
court for hundreds of millions before the retrial rather than risk a similar jury 
that was just smart enough to keep quiet about such misconduct.

Most of the absurd cases one hears about in the news are unsuccessful, but by 
the time the case is thrown out the press has lost interest, so all the 
readers remember is that the case was filed. 

U-Haul today announced that they will no longer rent trailers to Ford 
Explorer owners. No court has ever found the Explorer to be an unsafe tow vehicle - 
U-Haul's just sick of paying lawyers to fight the cases.

Richard

In a message dated 1/8/04 2:50:04 PM Pacific Standard Time, 
kschlote2 at yahoo.com writes:

> Sean Galbraith <sean.g at paradise.net.nz> wrote: 
> >> 
>> 
>> >One of the bad things about the whole european crap is that you are no
>> >longer allowed to use common sense.
>> 
>> We have that problem down here too... you simply cannot legally define 
>> "common sense" so it obviously does not exist... sad. maybe thats what 
>> killed the dynosaurs.. the legislated themselves to extinction?
>> 
>> Sean.
>> 
>> I don't know about anywhere else but in America you can sue for stupidity 
>> or lack of common sense and make millions.
>> 
>>  Ken
>> 
>> 
> 

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