Legal Acountability

[GarthB]

Dave Hensley, I believe it was, a few years back did an exhaustive search nationally for any case in which the final outcome included a sporting official being held liable for an injury sustained during a sporting event.

Despite all the hand-wringing, dire-warnings and old umpire's tales, he could find none. In subsequent years, he has asked for anyone with knowledge of such a case to cite specifics of it so it could be substantiated. No takers.

In Spokane, two umpires and our association were initially named in a lawsuit filed for an injury sustained by an adult men's league participant when he was spiked by a sliding runner. The umpires and association were named because the suit alleged that the game was getting rough prior to the injury and the umpires could have and should have "brought it under control" earlier. Had they done so, the suit further alleged, the injury would not have occurred.

After two years of lawyers exchanging letters, the umpires and the association were dropped from the suit.

[waltjp]

Originally Posted by GarthB

Dave Hensley, I believe it was, a few years back did an exhaustive search nationally for any case in which the final outcome included a sporting official being held liable for an injury sustained during a sporting event.

Not arguing either way but just pointing out that many cases of this type are settled out of court and conditions of confidentiality are included in the settlement.

[Forest Ump]

Frivolous law suits would drop precipitously if this country would adopt a loser pays all court cost.

BTW: The McDonald’s Hot Coffee lawsuit sounds frivolous on the surface. However, when you find out the facts of the case, it is not. That elder women received 3rd degree burns on her legs and required skin grafts. If you have any inkling as to what a third degree burn is, you would think different about that case. This is just one http://www.lectlaw.com/files/cur78.htm of many web sites that report the facts surronding the McDonald's case.

[ManInBlue]

Originally Posted by Forest Ump

Frivolous law suits would drop precipitously if this country would adopt a loser pays all court cost.

BTW: The McDonald’s Hot Coffee lawsuit sounds frivolous on the surface. However, when you find out the facts of the case, it is not. That elder women received 3rd degree burns on her legs and required skin graphs. If you have any inkling as to what a third degree burn is, you would think different about that case. This is just one http://www.lectlaw.com/files/cur78.htm of many web sites that report the facts surronding the McDonald's case.

I know what 3rd degree burns are. I read the article in your link. I have yet to change my mind on how frivilous this lawsuit was.

[JRutledge]

Originally Posted by Forest Ump

Frivolous law suits would drop precipitously if this country would adopt a loser pays all court cost.

BTW: The McDonald’s Hot Coffee lawsuit sounds frivolous on the surface. However, when you find out the facts of the case, it is not. That elder women received 3rd degree burns on her legs and required skin graphs. If you have any inkling as to what a third degree burn is, you would think different about that case. This is just one http://www.lectlaw.com/files/cur78.htm of many web sites that report the facts surronding the McDonald's case.

The lawsuit changed how hot restaurants made their coffee and other drinks. It was a good lawsuit. People do not expect to spill a drink and have to have major medical procedures.

Having said that, who cares what the system does or does not do in lawsuit situation. The fact that anyone can file one and to defend yourself requires money and time that many people do not have, I would do whatever I could to avoid being sued. Or I would do everything I could to make sure I reduce me liability.

The one time you do not care or you do not do something, the kid who gets hurt parents are going to be lawyers and you will have to deal with a lawsuit. I will take my changes with asking a dumb question and checking something that takes a minute or two than spending months on a lawsuit to just have the case thrown out.

Peace

[Mountaineer]

Originally Posted by Forest Ump

Frivolous law suits would drop precipitously if this country would adopt a loser pays all court cost.

BTW: The McDonald’s Hot Coffee lawsuit sounds frivolous on the surface. However, when you find out the facts of the case, it is not. That elder women received 3rd degree burns on her legs and required skin graphs. If you have any inkling as to what a third degree burn is, you would think different about that case. This is just one http://www.lectlaw.com/files/cur78.htm of many web sites that report the facts surronding the McDonald's case.

And that's McD's fault??? The woman got $600,000 because she put coffee between her knees to remove the LID?? Are you freaking kidding me? This certainly was a frivolous law suit. (IMHO)

[GarthB]

Originally Posted by Mountaineer

And that's McD's fault??? The woman got $600,000 because she put coffee between her knees to remove the LID?? Are you freaking kidding me? This certainly was a frivolous law suit. (IMHO)

The jury took this into consideration and found her to 20% at fault and reduced her award accordingly. McDonald, who admitted to knowlingy brewing coffee above at temperatures above the industry norm and at temperatures that they knew to be unsafe, was found to be 80% at fault.

[JRutledge]

Originally Posted by Mountaineer

And that's McD's fault??? The woman got $600,000 because she put coffee between her knees to remove the LID?? Are you freaking kidding me? This certainly was a frivolous law suit. (IMHO)

Here is another thing you need to realize. I jury can award whatever they think is appropriate. They person or persons suing might ask for to take care of their medical bills and other reasonable expenses as a result of their damage. Punitive damages are there to make an example out of the people or company responsible so it will discourage other similar behavior. A jury can award any number they feel in many cases unless there is a law or statue that prevents this. I guarantee you that McDs did not lose a lot of their money to that lawsuit. As a matter of fact McDs has prospered since then. And even if the women were at fault, no one expects to buy a product and expect to have a major medical procedure for a simple mistake. We are not talking about handling a firearm. We are talking about drinking a cup of coffee.

If there was not a threat of a lawsuit, there would be companies that would continue to hurt the public and not consider safety. And still we have companies that put harmful components to products (Led in toys from China as an example) and the threat of a lawsuit should be apart of equation when they are negligent.

Peace

[Forest Ump]

Originally Posted by Mountaineer

And that's McD's fault??? The woman got $600,000 because she put coffee between her knees to remove the LID?? Are you freaking kidding me? This certainly was a frivolous law suit. (IMHO)

I'll write this again for those of you that are hard of reading. The women received third degree burns and required skin grafts. That's not a sunburn. That's not a blister. That's the complete destruction of tissue. All from a cup of coffee. She was in the hospital for eight days.

McDonald’s served the coffee at approximately 190 degrees. McDonald’s admitted coffee at that temperature is “unfit for human consumption”; 190 degree liquid causes third-degree burns within 2 to 7 seconds of contact with skin.

And you think that McDonald's is not liable for causing a permanent disfigurement plus pain and suffering?
Wow!

A frivolous law suit is a judge in DC suing a dry cleaner for $58M for losing his pants. A woman being burned by near boiling coffee from a company that knows it is wrong, is not.

(This really is all I have to say about that)

[JRutledge]

Originally Posted by Forest Ump

I'll write this again for those of you that are hard of reading. [B]A frivolous law suit is a judge in DC suing a dry cleaner for $58M for losing his pants. A woman being burned by near boiling coffee from a company that knows it is wrong, is not.

(This really is all I have to say about that)

And that case was thrown out.

Peace

[Forest Ump]

Originally Posted by JRutledge

And that case was thrown out.

Peace

Yes it was. However, the defendent spent $84K defending the law suit. I believe they were going to settle out of court for $10K. He didn't take it and now is appealling the ruling. That dry cleaner is going to have to do alot of shirts to get back the $84K.

But I do believe in karma http://www.examiner.com/a-782166~Pan...0_000_job.html



ooops

[briancurtin]

Originally Posted by Forest Ump

I'll write this again for those of you that are hard of reading. The women received third degree burns and required skin graphs.

skin grafts
just wanted to put that out there

[SanDiegoSteve]

Originally Posted by briancurtin

skin grafts
just wanted to put that out there

I was going to do it myself, but didn't want to be accused of being the grammar police again.

[CO ump]

Originally Posted by briancurtin

skin grafts
just wanted to put that out there

Personal responsibility
Common Sense

Just wanted to put that out there

[fitump56]

Originally Posted by Forest Ump

Frivolous law suits would drop precipitously if this country would adopt a loser pays all court cost.

Only if the losers have sumpin' you can get from them to pay the court costs (which I assume you mean legal too).