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

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#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......


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.

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