Jump to content

Taking legal action - why are some people so keen on it?


  • Please log in to reply
84 replies to this topic

#1 Lifesgood

Posted 11 December 2012 - 07:41 PM

A friend told DH a story the other day about his DDs school. He is on some committee there and they were discussing an accident a child had when they fell off a piece of equipment at the school. Apparently the mother's first comment was "I hope you've got insurance!". I've no idea how badly the child was hurt, but I was astonished that this was foremost in the mothers mind - suing the school. It would never occur to me to take legal action against the school for something like this.

But obviously lots of people do think like this, hence the problems with everyone having to be so cautious about everything in the public domain (and evidenced by the number of posts and threads that are edited/deleted on EB).

I'm trying to figure out why we have become so litigious. Any ideas?

#2 BadCat

Posted 11 December 2012 - 07:43 PM

Money.  Lots and lots of money.

#3 Lucrezia Borgia

Posted 11 December 2012 - 07:45 PM

People love lawyers. We are so warm and fuzzy. Like  a basket full of kittens......


tongue.gif

What BadCat said....

Edited by Lucretia Borgia, 11 December 2012 - 07:45 PM.


#4 WinterIsComing

Posted 11 December 2012 - 07:46 PM

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

#5 ~iMum~

Posted 11 December 2012 - 07:51 PM

DS broke his arm at school last year, just playing as normal on the playground equipment and fell the wrong way. The poor principal was so apologetic and stressed when I got there pick DS up. He was genuinely worried about what action I would take against the school. It took a lot of convincing on my behalf to assure him I wasn't going to 'sue' the school. I feel sorry for teachers if this if they have to live with this constant fear.

#6 123tree

Posted 11 December 2012 - 07:51 PM

I think it is because we watch too much American television. I think unfortunately it is one of the ways we are becoming more American.

#7 casime

Posted 11 December 2012 - 07:52 PM

It drives me mental that as soon as anything happens, the first instinct is to sue.  A dog club I was involved with got sued because a woman's dog jumped up at her and she fell over and sprainedher wrist.



#8 FeralZombieMum

Posted 11 December 2012 - 07:55 PM

Yeah I'm not sure "Insurance" meant suing the school or taking legal action. wink.gif

Our school pays for an insurance policy that will cover some treatment for kids that have accidents. Like teeth that are damaged and need future work.

I know of one child that had a dental injury years ago, and parents were still claiming for the cost of treatment as it caused other sorts of issues. They aren't claiming against the school, they are claiming against the policy.



#9 MintyBiscuit

Posted 11 December 2012 - 07:56 PM

I think a lot of the time it's greed, but sometimes it's an attempt to right a wrong. Legal action may often be the only way to get an apology, or an acknowledgment of wrongdoing, and could be the first step in getting things changed so unfortunate incidents can be avoided.



#10 cinnabubble

Posted 11 December 2012 - 08:01 PM

In lots of cases, legal action is the only way to be compensated sufficiently to ensure that ongoing medical expenses are met.

#11 Domestic Goddess

Posted 11 December 2012 - 08:03 PM

Money money money, it's so funny. That's what DS and I sing when we hear/see greedy people going for a quick money grasp. It's human nature and it's been around for yonks. People have been killed and wars have been fought for nothing but pure greed. Trying to make a quick buck.

#12 katniss

Posted 11 December 2012 - 08:04 PM

Legal action has it's place. But I think the advertised "no win, no fee" actions encourage people to give legal action a go when they ordinarily wouldn't have a leg to stand on.

#13 *Lib*

Posted 11 December 2012 - 08:06 PM

Unfortunatley as a business owner its terrifying when someone hurts themself in your premises. A simple slip and fall is worrying. We do everything we can to minimise the possibility but accidents still happen sad.gif But at the end of the day thats why we have public liability insurance.

#14 Soontobegran

Posted 11 December 2012 - 08:07 PM

I have no idea.
Accidents happen, there does not always have to be a scapegoat yet there are many who will attempt to find one instead of admitting it was because they were clumsy or were not paying attention etc.
Medical costs for these accidents should be met by the injured unless there is clear negligence which can be proven, they may be horrendous costs but that is life unfortunately.

#15 Acidulous Osprey

Posted 11 December 2012 - 08:08 PM

A friend of mine sued for millions after the early totally preventable birth of her son.  It was not about the money but about systemic change at the hospital and about setting him up for needed lifelong care.

Until we have an NDIS, some people are going to be forced to sue just to get basic care for their loved ones.

Other people can just be greedy grasping bastards though wink.gif

#16 Acidulous Osprey

Posted 11 December 2012 - 08:09 PM

QUOTE (soontobegran @ 11/12/2012, 08:07 PM) <{POST_SNAPBACK}>
Medical costs for these accidents should be met by the injured unless there is clear negligence which can be proven, they may be horrendous costs but that is life unfortunately.


Or we could have an NDIS where medical costs and a dignified life is more likely.


#17 I'm Batman

Posted 11 December 2012 - 08:10 PM

People like wasting money and feeling stress over legal action.

I have no idea. Can you tell? The legal system is designed to dress lawyers in 50 dollar notes. if you enter the system you'd want to be serious about why you are there.

#18 lamarque

Posted 11 December 2012 - 08:12 PM

QUOTE (katniss @ 11/12/2012, 09:04 PM) <{POST_SNAPBACK}>
Legal action has it's place. But I think the advertised "no win, no fee" actions encourage people to give legal action a go when they ordinarily wouldn't have a leg to stand on.

Yes, it might initially have people asking the question but most lawyers in NSW won't take a case on (under the Civil Liability Act) unless they 100% think they will win. There are costs implications against firms when they don't get a verdict over a certain amount.

#19 adl

Posted 11 December 2012 - 08:12 PM

Yep we are all  warm fuzzy kittens ...money....and a misguided belief you will get adequately compensated...American tv... A society that believes someone else should take responsibility


I am yet to meet someone who actually "won" and really was better off....time, emotionally, financially etc etc regardless of what they say...

And we all pay with increased insurance payments and exclusions to policies

#20 epl0822

Posted 11 December 2012 - 08:21 PM

The one positive thing that arose from even ludicrous and outlandish lawsuits is that people nowadays take safety and precaution very seriously. Sometimes a little OTT, but it's a lot better than what it used to be a generation ago.

My DH worked on a huge construction site a couple of years ago and I was quite worried about him. Thankfully there was full time OH&S personnel on site and they were incredibly anal about his safety. He got every single safety gear he asked for without any drama. Needless to say I was relieved.

I also think people think twice about the implications of their actions.

#21 -Emissary-

Posted 11 December 2012 - 08:46 PM

As someone who has worked in two compensation law firms, I can tell you that it is no easy path to go down trying to sue for compensation.

I would never recommend it for most cases as it is simply not worth the time and effort. Even for case where compensation SHOULD be made, it still takes years to settle and thousands in fees.



#22 JapNFeral

Posted 11 December 2012 - 09:43 PM

Well in Victoria unless you have a 5% or greater impairment you can't sue.

However, I am a great believer in things like the NDIS so that all people are covered for the costs of care and their lives with impairment.

#23 olikat03

Posted 11 December 2012 - 10:00 PM

Sometimes people need to sue because of negligence or lack of duty of care and the need for compensation to assist them live comfortably for the rest of their life. I totally agree with that

Its the majority of others who have a victim mentality. They just want to be the centre of everyone's attention and get the ultimate gratification in a monetary way to make sure they make some other poor persons life a misery.

Its the honest ones that usually lose out in the long run and end up living their lives of a lesser standard compared to those greedy selfish ones who like to ensure someone pays big time for something so small that never should have been awarded.

#24 FiveAus

Posted 12 December 2012 - 05:11 AM

QUOTE (FluffyOscar @ 11/12/2012, 09:04 PM) <{POST_SNAPBACK}>
As someone who lives in Victoria, I can't sue unless I can prove 6% permanent disability caused by the accident/injury.

Too bad if someone else's stupidity causes you 5% permanent disability that will cost you tend of thousands over the course of your, possibly shortened, life.

People have a right to sue. I would much rather not be injured on the first place.



Really? When did that law come in? I live in Vic, and I once sued Safeway (successfully), as I tripped over a loose floormat at the entrance to their store, fell and broke my ankle. It wasn't a permanent disability, and there's never been any residual problems from it. That was about 12 years ago.

#25 MrsLexiK

Posted 12 December 2012 - 05:43 AM

Yup there are some petty cases that are all about the money. There are also other cases where either the criminal side cannot be pursued or it has failed in actually carrying out justice. Victims are left with only one other avenue - civil.




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Abbott's childcare changes will 'reduce access and add complexity'

The government's childcare assistance package threatens to confuse and intimidate many parents, experts say.

Be careful what you wish for

Remember that chubby little baby who rocked on all fours? Remember how you wished he would start to crawl? Then remember how you felt once he did?

William Tyrrell's parents plead for information as anniversary looms

As the one-year anniversary of William Tyrrell's disappearance draws near, the missing four-year-old's parents have again pleaded with the public for information that could help bring their son home.

Family sleepovers: a tribute to my 1970s childhood

My memories of those nights in my childhood are all about fun: sleepover excitement, staying up late, watching movies we probably weren't supposed to watch ... freedom.

43 minutes of terror: family's agonising wait for ambulance for toddler

It was terrifying. As the minutes ticked by little Cooper Harrison's parents felt more and more frantic.

What not to say to a new mum

Some phrases just pop out before you really think about them, but there are some things you should try to not say to a new mum.

Mummydesking: the new hotdesking

It is a paradise that only working parents of small children can understand: a place to sit for three hours without any interruptions while someone looks after the kids.

Charlize Theron adopts baby girl

A few months after splitting from Sean Penn, the actress Charlize Theron has adopted a baby girl.

Facebook CEO Mark Zuckerberg shares painful truth behind wife's pregnancy

Facebook chief executive Mark Zuckerberg has shared a brutally honest truth about pregnancy in the hope it will help others through dark periods.  

Sugary drinks blamed for removal of toddlers' rotten teeth

Children as young as 18 months are having multiple rotten teeth pulled out as parents feed toddlers soft drinks through sipper bottles, and chocolate biscuits and Milo as bedtime treats.

Mum accidentally fake tans baby

Many of us have fallen foul of a bad fake tan or two, but this little guy's started a bit earlier than most.

Does this three-month-old say 'I love you'?

YouTube user Ted Moskalenko was filmed by his wife, Michelle, as his baby son, Ben, engaged in some baby chat.

Kids break out of daycare centre, cross busy highway

Two children broke out of an early childhood centre and wandered across a four-lane road.

Why I'm glad to be an indulgent granny

The phone calls started a couple of weeks ago. At about 5.30 each evening - if I am lucky - I will be greeted by a sweet, excited voice declaring: "'Allo Annie".

Newborn found in toilet at German airport

A newborn baby found abandoned and extremely ill in a bathroom in the Munich airport is doing well.

Is this the worst relationship advice ever published?

You sometimes have to wonder whether relationship/sex advice from magazines is designed to help or humiliate.

How you talk to your baby now can impact social skills later

People used to think that social skills were something kids were born with, not taught.

Three truths about C-section mums

Lately I've been thinking about the caesarean stories and the brave women who birth their children with strength and beauty.

Scientists predict when you should start a family

Scientists have calculated at exactly what age you need to start trying to get pregnant to have the best chance of realising your dream. 

Differently abled child

When 'protecting' a child is really a cover for judgement

Why are people so concerned for this happy child and his mother?

Get your FREE Baby & Toddler Show ticket!

Get your free ticket to the Sydney Essential Baby & Toddler Show for September 25-27 - register online now.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

When toddlers have strange obsessions

When it comes to two-year-olds and birthday cakes there are a few requests that are usually at the top of the list. But a cake featuring a local personal injury lawyer?

When Mama Bear strikes

When we become mums, our instinct to protect our children and keep them safe from harm is so strong we're often likened to a Mama Bear protecting her cubs.  

Immunity boosters for kids

There are no guaranteed ways to avoid the dreaded winter illnesses completely, but there are ways we can boost our children's immunity.

Yes, you can get pregnant before your period returns post-baby

After giving birth, the last thing you want to think about is contraception. But you can get pregnant before your period comes back.

Mum shares portrait of her proudly breastfeeding three-year-old

Jade Beall usually chooses to breastfeed her son, now 3, in private. This week, however, she shared portraits of her breastfeeding her preschooler.

Dealing with a toddler's morning tantrums

Your schedule is not important to your two-year-old, and you cannot convince her otherwise. So what can you do?

My baby's first seizure

It was 1am on a cold winter's night when I woke suddenly to the screams of my 12-month-old son. Our lives were about to change forever.

MP breastfeeds baby during parliamentary session

An Argentinian mum and politician has caused a stir on social media after being filmed breastfeeding her baby.

Heartbreaking moment mum kisses her one-week-old goodbye

At 11.07am on April 2 this year, Sarah Marriott welcomed baby Sebastian into the world.

The best age to get married (according to the latest study)

Not too young, and not too old. That's reportedly the best age to get married. Not everyone agrees.

Fellow diner rewards mum after toddler's tantrum

Parents of toddlers everywhere know the feeling. After working up the courage to take your child out for lunch or dinner in public you are rewarded with a mid-meal meltdown. 

IVF gender selection being considered for Australian parents

Couples using IVF may be able to choose the gender of their babies and women could be financially compensated for donating their eggs.

The amazing Tee Pee bed and kid-friendly Frankie Bunk bed

These kids' beds definitely fit the brief of providing personality and personal space for little people who are moving up in the world.

The funny things kids say when you're pregnant

Since becoming noticeably pregnant, my son has taken more of an interest in the sibling he'll soon have.

The real problem with having one child

In this age of political correctness, it seems the one subject still subject to discrimination is that of the Only Child.

The fire hazard in more than 70,000 Australian homes

So far, 206 Samsung washing machines have caught fire and some have exploded. But many remain in people's homes.

How having a baby can bring on OCD

We all know that having a baby can turn your life upside down - and it can also bring a raft of new anxieties and worries.

IKEA begins massive safety campaign after two toddler deaths

Two children were killed when pieces from their Malm furniture line tipped over.

Which beauty treatments are safe in pregnancy?

Is it safe to use fake tan, hair dye and nail varnish during pregnancy?

A dad's guide to hyperemesis

I am in no way qualified to advise women on how to cope with hyperemesis, but I've learnt some lessons that might be worth sharing with other partners.

The five ways I know my 'baby' is no longer a baby

The truth is, I can no longer deny that my walking, babbling, somewhat-independent little miss is no longer a bona fide 'baby'.

 

FREE TICKET

See Pinky McKay live in Sydney

Get your free ticket to The Essential Baby & Toddler Show and save $20 - register online now!

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.