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Re: [RC] [RC] [RC] those stinking rich insurance companies pay??? - Mary Krauss

I'll try to make this relevant to Ridecamp, but first, my understanding of the McDonald's coffee suit was that they'd had hundreds of requests that they reduce the temperature of their ridiculously hot coffee after many people had been badly burned from spills that were completely in the realm of normal human fallibility. You don't have to be an idiot to spill some coffee accidentally. Finally, after one woman was terribly burned--3rd degree and over a significant portion of her body--they were hit with a suit that said they had had enough chances to make a very reasonable change and that a significant damage award would force them to make the change. Sure enough, after losing the lawsuit, they reduced the heat. It was ridiculous that it took a lawsuit to make such a reasonable change, but, that's what it took. In my experience, most lawsuits that look ridiculous on the surface have a lot more validity once one finds out more about them.

As for us horse people: we have enormous, sometimes dangerous animals that we need to be very careful with. We should be sued if we're guilty of stupid behavior. I know a barn owner right now that is going to wind up hurting someone before he's sued and put out of business (as he should be). At the same time, it's nuts that someone can sue for damages when they willingly climbed aboard or let their child get close to a horse. I like the law passed in Oregon that limits the liability of stables, instructors, trainers, etc by allowing the release forms they use to stand up in court. All the state did was say that the release forms many of us sign (or ask others to sign) all over the nation should truly release the horse person from liability from accidents. Voila! Stupid lawyers can try to sue you when you've done nothing to warrent it and they will lose and be stuck with trying to make the client pay for a lost case. Smart lawyers will know better and refuse the case. Since there are more smart lawyers than dumb ones, it all works out nicely in Oregon.

On a personal note, I rather like lawyers. One of my sisters is one, another of my sisters is a legal assistant, I worked for Alan Dershowitz in college for a few summers and saw how much good he did when he wasn't busy being a ham for the cameras. Years later I became friends with a successful lawyer who specialized in International contracts (!). I once asked him why he worked so many hours with such enthusiasm (75-80 hr weeks). I adored his answer because it was so genuine and enthusiastic and almost romantic: "I LOVE being a lawyer", he said, "If I do my job right so that the contract is as it should be, business goes as it should, trade goes as it should, and the world simply works better." I truly believe people like him make the world a better place. Even Alan Dershowitz makes the world a better place simply by making the law prove itself. If it has weaknesses he's there to ferret them out.

Mary k.

On Wednesday, July 13, 2005, at 08:55 AM, Sisu West Ranch wrote:

One thing that we must never forget is that most personal injuries are settled without anyone going to court. Reasonable persons and reasonable insurance companies get together all of the time and agree on settlements.

The cases, from all over the country, that get into the media and thus into our minds are those with large awards, or which seem, to a person who was not at the trial, to be excessive. An example was the famous McDonald's coffee suit. I have no way of knowing if coffee served above 200 F is unreasonably more risky than the usual and expected 160-180 F coffee we get in our cups in our homes and other establishments, because I was not at the trial.

On the other hand, I do think our tort system needs reform in some areas. In many states if A is held 20% liable and B is held 80% liable, A can be forced to pay 100% of the award if B has no money. The area of class action suits is another. Sometimes each injured party gets a settlement that is so small as to be meaningless, but the law firm gets a bunch of money.

Yes, I am aware that some feel that our civil system serves a good purpose by monetarily "punishing" certain behaviour. I am neutral on that issue.

Ed
Ed & Wendy Hauser
2994 Mittower Road
Victor, MT 59875

(406) 642-9640

ranch@xxxxxxxxxxx

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Subscribe/Unsubscribe http://www.endurance.net/ridecamp/logon.asp

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Re: [RC] [RC] [RC] those stinking rich insurance companies pay???, Sisu West Ranch