Jump to content

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


  • Please log in to reply
87 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 FluffyOscar

Posted 11 December 2012 - 08:04 PM

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.

#14 FluffyOscar

Posted 11 December 2012 - 08:06 PM

QUOTE (cinnabubble @ 11/12/2012, 09:01 PM) <{POST_SNAPBACK}>
In lots of cases, legal action is the only way to be compensated sufficiently to ensure that ongoing medical expenses are met.

Exactly.

You don't get a million bucks for a sprained ankle.

#15 *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.

#16 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.

#17 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

#18 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.


#19 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.

#20 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.

#21 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

#22 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.

#23 -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.



#24 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.

#25 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.




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

WIN an exclusive performance from Sam Moran!

To celebrate the release of children?s musical series Play Along with Sam, out now on DVD, we?re giving one lucky parent the chance to have Sam perform at their child?s pre-school or day care!

The myths and truths of gender swaying

Here are a few popular methods hopeful parents-to-be use to try to get a baby of their preferred gender – and what an expert says about whether they really work.

10 easy DIY Christmas decoration ideas

It's officially time to get into the Christmas spirit. Why not branch out when you put up your tree this year and add a personal touch with a few DIY decorations? We've found the perfect easy-to-make ways to put more festive fever into your home.

The dangerous new trend of glucose challenge test refusal

A dangerous trend is seeing more mothers-to-be declining a relatively simple and painless test to check for gestational diabetes.

Office of Fair Trading reveals naughty toys ahead of Christmas

The Office of Fair Trading has pulled seven toys from shelves ahead of Christmas after they fail safety tests.

Video: Baby boy's trouble with twins

These twin girls will no doubt have fun fooling people in years to come, but nobody will be as confused as baby Landon.

Long-term reversible male contraceptive on its way

Men could soon have access to an injectable long-term contraceptive which works in a similar way to a vasectomy but promises to be easily reversed.

'I tried to kill my baby': one mum's story

After bathing and dressing her three-month-old son, Amanda had a rare moment alone with her baby.

Attack of the 'mummy brain'

I feel that almost every day, someone in my life - be they a friend, family member or complete stranger - feels the need to excuse my behaviour as I have other things on my mind.

Mum of baby who fell ill after drinking raw milk speaks out

A Melbourne mother has described how her son turned grey when he became seriously ill after drinking raw milk.

Australian divorce rate lowest since 1976

Modern newlyweds are now well into their 30s and marriage still offers something powerful a new book argues.

The aftermath of a traumatic birth experience

In Australia, 30 per cent of women find their birth experience traumatic, with 6 per cent going on to develop post traumatic stress disorder (PTSD).

Young mum burns 'from inside-out'

A young mum is in intensive care after she took a friend's antibiotic and wound up with an ailment that is burning her body 'from the inside-out'.

The disagreement that can break a relationship

If he doesn't change his mind, all I can hope is that I will. It would be a waste to spend the rest of my marriage mourning a baby that never was.

Co-sleeping or no-sleeping? Mum videos worst nap ever

One mother's futile attempt to sleep in caught on camera in a hilarious - and very cute - video.

Why children misbehave during the festive season

While we all like to imagine the holiday season as being a fun, loving and bonding experience; often our reality is quiet different.

I was fat-shamed by my doctor

The fear of being weighed is the most significant factor in women cancelling medical appointments - and now weight-shaming has happened to me.

End of an era: no more childcare

As we reach the end of 2014, we're closing the book on many things for another year, most notably childcare. Our last child has attended childcare for the very last time.

The 7-year itch is more like the 10-year itch: study

Contrary to popular belief, making it past the seven-year mark doesn't mean your marriage will be smooth sailing from there on.

Stop telling us that parenting gets harder

I’m sure that parenting will get harder. But life isn’t exactly smooth sailing for many of us right now, either.

Should children be forced to sit on Santa's lap?

We teach kids it’s okay to say no if they don’t feel safe, so why do some parents force their children to climb in to Santa's lap?

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Baby born weighing almost 14 pounds

Yes, the bouncing baby girl was born by caesarean section. And mum says no more kids.

The dummy debate

I'm the first to admit that when I used to see tiny babies with dummies in their mouths, I thought "Hmm, lazy parenting." And now I apologise.

WIN an exclusive performance from Sam Moran!

To celebrate the release of children?s musical series Play Along with Sam, out now on DVD, we?re giving one lucky parent the chance to have Sam perform at their child?s pre-school or day care!

'I thought I was an only child'

Imagine meeting your double at a school sports event, or regularly being mistaken for someone you haven't met. Separated twins Margaret and Joy tell their story.

Mums reveal their nappy bag essentials

Ever wondered what other mums carry in their nappy bags? We have, so we asked mums to tell us their must-have nappy bag items.

Toddler died because he wasn't given antibiotics soon enough

A 15-month-old boy would almost certainly be alive today if doctors had given him antibiotics sooner, a coroner has ruled.

VIDEO: moment a toddler falls on to train tracks in Melbourne

Shocking footage has emerged capturing the moment a pram carrying a toddler rolled off a platform and onto train tracks in suburban Melbourne.

Sold on natural birth? Read the fine print

In the excitement and anticipation of a first pregnancy, I ignored the fine print: some women, some of the time.

Child with alcoholic mum who drank while pregnant won't win pay-out

A young child is not entitled to criminal injuries compensation after her mother drank excessively while pregnant.

Superbugs killing India's babies, posing wider threat

A deadly epidemic that could have global implications is quietly sweeping India, tens of thousands of newborns dying because antibiotics no longer work.

Can you teach a toddler to sleep in?

Parents share their tips on getting their early risers to sleep in, even for just a little bit longer.

Keeping your relationship on track as new parents

About 70 per cent of couples experience a slump in their relationship within three years of having a baby. Here's how we tried to get back on track.

America's favourite baby names of 2014

Americans are turning to television, Netflix and sports for ideas for what to name their wee ones.

Carers admit to force-feeding children

As Sydney grieves the loss of Sydney siege victims Katrina Dawson and Tori Johnson, reports have suggested that both died as heroes.

 

How many weeks til Christmas?

On your To-Do list

Get the "Santa" shopping done without the kids in tow.

 
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.