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.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users

 

11 things that will happen when you're breastfeeding

After having three children and various degrees of success feeding them all, there's one thing I can tell you: virtually nothing will go as planned.

Surgery for baby born with a tail

A baby born with a tail has had it removed after doctors feared the birth defect might cause long term damage to his lower body.

When 'skin to skin' becomes a family affair

An adorable photo of a little boy and his dad enjoying skin to skin contact with newborn twins is melting hearts everywhere.

35 hilariously weird 'top tips'

Who would have thunk it? We never knew there were so many uses for feminine hygiene products. 

Pregnancy skin woes: acne, dry skin, itchy skin

Here are some of the most common skin complaints in pregnancy and how to tackle them, face on.

Watch this fun dance class for babywearing dads

Is there anything sexier than a babywearing dad?

Parents, this is how to cut grapes to avoid choking

One mum has learnt a harrowing lesson about the best way to cut grapes to make it safe for toddlers and little kids to eat.

When your kids have totally different temperaments

Sometimes it has felt like whiplash parenting. She perches watchfully while I vacuum; he tries to climb on and go for a ride.

How do our stress levels influence our baby?

Since having my second baby a number of people have commented on how placid, content and settled he is and, similarly, many have commented on how this is a reflection of how I am with him.

Separation anxiety isn't just for kids

Despite its prevalence, most doctors tend to be reluctant to diagnose adult patients with separation anxiety.

A charm bracelet, a boy, and my beliefs questioned

I was staring at the face of my son, realising that my once steadfast decision to be open minded was quickly unravelling at the seams.

Why I'm so grateful for Hayden Panettiere's PND honesty

There are baby steps and giant leaps forward. But there are steps backwards, too. And, oh, how they can hurt your heart.

The heartbreaking story of little Moko

The mother of 3-year-old Moko Rangitoheriri said she should have picked up on the signs. {Warning: distressing content}

Kate Beckinsale and teen daughter recreate birth photo

Kate Beckinsale has recreated her daughter Lily's birth photo, 17 years after she was born.

The adult-size stroller you'll want to test drive

It's one of the biggest baby related purchases they will make, so it makes sense that parents-to-be get a chance to road test a stroller.

Pregnancy announcement shows the reality of IVF

It's a long way from baby booties or bump shots people have become accustomed to in social media pregnancy announcements.  

Soleil Moon Frye welcomes fourth baby

"Punky Brewster" is a mom again, for the fourth time. Soleil Moon Frye announced the birth of her baby boy, Story, on Instagram Wednesday.

Mum breastfeeds baby found abandoned on the street

A woman has been praised as a "beautiful mother" after breastfeeding a baby which had been abandoned at the side of a street. 

A birth with a difference: the 'natural caesarean'

We've shared stories of gentle caesareans before, but a new video shows a new option called a 'natural caesarean'.

Baby name inspiration by music genre

If you're all about the music, then you'll need a musical name for that baby. We've got all the lists for you by music genre.

Giving effective instructions to toddlers

One of the most common errors made by parents is in how they give instructions to their children.

 
Advertisement
 

Top 5 Articles

Advertisement
 
 
 

What's hot on EB

The babies who are one in 70 million

Bethani Webb was excited to find out she was pregnant, but the first time mum did not realise she was carrying four babies not one.

Cafe offers breastfeeding mums a free cup of tea

A Sydney cafe is offering breastfeeding mums free cups of tea in a bid to show support for the right of women to nurse their babies wherever they choose.

To snip or not to snip? When the decision is not clear cut

Jamie Oliver, who considered a vasectomy, is to be a father again. A fellow dad reflects on his own decision 11 years ago

Doctors stunned by rare twins born almost six weeks apart

To everyone's surprise, Kristen Miller "kept doing better each day", keeping her second baby safe.

Baby book ideas for modern parents

Before my son was born I was given a lovely baby book full of blank pages waiting to be filled with weights and heights and first words.

The adorable smile of a baby seeing his mum clearly for the first time

There is no doubt seeing their child smile for the first time is an unforgettable moment for parents everywhere.

Mum tells how toddler 'nearly hung himself' in cot mishap

When Alison Johnson put her 18-month-old Caleb down for a nap, she had no reason to believe her son was in any danger.

Babies are still switched at birth? Yes, it can happen

All my panic and tears aside, my biggest question looking back is about the kind of security measures used in the maternity ward.

Doctors slammed for taking selfie with newborn

Everyone who visits a mum in hospital in the days following childbirth wants to get a photo with the new baby.

ergoPouch Twosie Sleepsuit for winter breastfeeding

Finally, there's a way to keep warm while breastfeeding through winter.

Health check: How long does sex 'normally' last?

What to do with this information? My advice would be to try not to think about it during the throes of passion.

When breastfeeding sucks: fixing common problems

From niplash to tight boobs, biting to milk supply issues, Pinky McKay looks at common breastfeeding issues and how to solve them.

10 things I've learnt in my first six months with twins

Six months on we're all still alive, and the more we get to know each other the easier the days become.

Mum's loving kiss leaves baby fighting for life

Kirsty Carrington thought nothing of giving her newborn son a kiss, little did she know it would leave the baby fighting for life.

When doing chores is your new 'me time'

After children, 'me time' looks a little different.

Get going: 14 travel strollers for families on the move

A stroller can make or break travelling with a baby or toddler. Here are 15 great single travel stroller options.

10 ways toddlers are terrific

It always pays to remind yourself of how terrific toddlers can be - they're little like this for such a short time

 

Vintage Toys

The toys of your childhood

Take a trip down memory lane with these vinage and retro toys that you may have had in your childhood or your parent's childhood.

 
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.