DavidRixNelson.com

Maybe it is just me, but I have been seeing an increasing number of stupid and ridiculous lawsuits hitting the news. I think the first idiotic one I remember seeing was the person who spilled McDonald’s coffee on their lap and sued because they were burned. Maybe it is just me, but I thought that the whole point of coffee was to be hot? Or another McDonald’s one... a boy who ate there on a regular basis sued because he got fat. Well duh! What can be expected? For every action there is a reaction. The list goes on and on... The question becomes what do we do about these frivolous lawsuits and actions?

The theory behind suing someone is sound. It provides a system whereby someone who has been injured by another can seek legally binding compensation and assistance. It is often handy to have when a small group or individual needs to take on a larger group or individual. There are a lot of cases in recent history that have been necessary and have made huge cultural impacts for the good. However, seeing all the random reasons people are picking to sue someone else over, I wonder if our current system and method of dealing with suing has been outgrown. Some suggestions I have:

1. Looser pays all costs. This includes the defendants’ costs, the cost of the judge, the cost of the paperwork, everything. I would say the costs are the court itself being a flat fee based on the time the lawsuit takes to push through, and there being a cap on how much the defense and prosecution can charge; however, it needs to be high.

2. Cap the fees a lawyer can charge. I think half the reason so many lawsuits exist is that lawyers get a large cut of the money obtained. I have seen and heard of many cases where a lawyer will encourage stupid lawsuits because they want a cut of the take. If a lawyer cannot make so much, maybe it would discourage their willingness to increase the madness.

3. Prohibit inflammatory advertisements. I am sure you have seen the ads for lawyers claiming they can get you large untold amounts if you have been injured or wronged in any way. All these advertisements do is enlarge the issue. Lawyers can still advertise, but they need to be limited as to the kind and style they can use.

4. Speed up the whole process. I think a lot of the glamor found in suing someone is the months and even years of attention that can be sucked out of the news organizations and such. I know of a few lawsuits that are as much about making noise and embarrassment as they are about the end result.

Atleast in this case a lawyer got his due for litigating a frivilous case.... Judge makes lawyers pay for frivolity

I am not sure I like the title, considering my brother is a lawyer. However, I agree they are often out of control and end up costing us more in many ways.

Reading through the news today and I found this.... Stupid Court Tricks