So someone mentioned the documentary Hot Coffee, which I watched just last night, and I want to share some tidbits with you:
In the US, people’s right to sue has been getting steadily eroded and things like making people believe the hot coffee case were frivolous are part of it. That’s how they get people to actually vote for limitations on their own rights to sue, or for caps on damages, when in fact ‘tort reform’ laws usually end up, e.g., reducing the amount you can get in a malpractice suit.
And there’s also a lot of sneaky **** like people unknowingly signing away their right to sue in the fine print (or being told they have in a ‘supplementary package’ of fine print delivered to them AFTER they signed the contract), and ending up in ‘binding mandatory arbitration’. You’ve probably signed dozens of contracts like this, e.g., for your cellphone and credit card. You have basically ‘agreed’ that is you have any dispute for any reason you cannot sue for damages, you have to have a secret meaning with an arbitrator hired by the person / entity that harmed you to act as judge.
There was some really striking examples in the documentary. One was a kid born with severe brain damage because he wasn’t delivered properly, resulting in oxygen deprivation for about 8 minutes during birth; professional estimates for his cost of living (including numerous surgeries and physical therapy, starting at just one year old) for the rest of his life was about $6 million. The jury awarded $5.6. That’s doable, right?
Well, except in that state (Nebraska) there was an award cap of $1.25 million, which, after paying legal bills and the already accrued medical expenses, left the kid with just a few hundred thousand. So, he’s now on medicaid to pay for his therapy, surgeries, and basic living expenses. The cost of his treatment has basically been transferred to the taxpayer, and should anything happen to his parents they have no idea what would happen to him or who would take care of him.
Another was a Haliburton employee who went to Iraq as part of Operation Iraqi Freedom, Miss Jamie Leigh Jones. (Warning for the next paragraph: discussion of rape.)
Long story short: she was lied to about her accommodations and ended up housed in barrack with 400 men. She was sexually harassed and threatened. She complained about it, twice, and was told she’d ‘get over it’. She ended up being drugged and gang raped. She needed reconstructive surgery for anal and vaginal tearing. What do you think happened next?
She was locked in a shipping container with two armed guards for days, until one of them, out of sympathy and in defiance of orders, let her borrow his cellphone. She called her father who called some congressman and got her out of there.
She then spent 4 years fighting for her day in court, because unbeknownst to her she’d signed a binding mandatory arbitration agreement. She was 19 when all of this happened.
So, conclusion: the myth of frivolous lawsuits is kinda like the myth of the welfare queen. There have probably been a few that occurred sometime, somewhere, sure, but I bet you’d be hard-pressed to find them. Most people who file a suit have damn good reasons, and if they don’t the suit usually gets thrown out of court by a judge before they even waste time assembling a jury.
(Oh, another bit of shady **** discussed in the movies: big businesses trying to influence judge elections, or defame / dethrone already elected judges, if it seems they’re actually in favour of the common people’s right to civil litigation. During Judge Oliver Diaz’s election, he was subject to a massive, multi-million dollar smear campaign. When he won anyway, he was subject to another smear campaign: because a friend had co-signed a loan with him, he was accused of accepting a bribe, even though he had never presided on any case having to do with this friend or his law firm. In effect, his reputation was ruined and he couldn’t get elected again. This was not an isolated incident.)
Meanwhile, laws and ‘reforms’ to curb ‘litigation abuse’ do more harm than good. If you hear a politician talking about ‘lawsuit lotteries’ and a need for ‘tort reform’, think of Reagan talking about ‘welfare queens’; think about how the vast majority of people on welfare do, desperately, need it.
What we’re really looking at is people eroding our social safety net, because they’re lucky / wealthy enough to view it as inconvenient.