Our Corrupt Legal System

[X Factor]

No, but she does and should have a right to be made whole based upon her actual injuries caused by Wal-Mart negligence. True?

Honestly, some of us had questions about whether the accident even really happened or if she was just making it up to try to milk them, but the lawyer representing Wal-Mart pretty much conceded liability. We awarded the medical expenses for the one shoulder that was actually hit and disregarded the rest of her claims.

 

[Canell]

That's nothing, if you spill hot coffee on your stupid self, you can sue McDonalds.

Why not? If the paper cup (or whatever it is) is too thin than it can really burn your fingers and cause an incident, pouring yourself or somebody else.

I'd rather be worried about the large volume of the Oh-Bam-Bam-care legislation. :wink2:

 

[Bodi]

The United States legal system needs some major reform. First off, let's discuss the alarming ease at which someone can be sued. If someone punches my arm and I get a bruise, I can sue them for the damages if I wanted to. And that is ridiculous. There was a man who actually sued God just to prove this point. People should not live in fear of being sued for the slightest thing that is not their fault. For instance, at my high school, you cannot leave campus for lunch because it is a liability for the school. Well how in the hell is it the school's fault if a student leaves campus? They can't keep track of 1600 kids and whether they leave school or not when they're not supposed to. People should only be able to sue when something was intentionally or carelessly done to ruin their lives.

Now let's discuss prisons. Our prisons are ridiculously inhumane. The guards don't give a **** if people get raped or beaten because if they did care, it wouldnt be happening so frequently. In prison, peoples' lives are endangered for messing with the wrong prisoner and there's nothing they can do about it. The prison system is also corrupt because of the fact that it outsources the prison labor to private companies. Prisons should be GOVERNMENT-RUN and have nice facilities free of danger. In fact, prisons should be a holding place, not a hellish world of punishment. Perhaps a large segregated area in uninhabited parts of the US where they are at least allowed to live semi-bearable lives.

Also, capital punishment must be abolished if we are going to actually be humane people. What is this, 1600s Europe?? Are we REALLY still murdering people for comitting crimes? I mean I hate rapists and pedophiles as much as the next person, but we have no right to kill them.

And one last point I have to make is that it is ridiculous how people can be jailed based on technicalities such as statutory rape and such. If an 18 year old and a 15 year old have consensual sex, and the 15 year old testifies that it was consensual, the 18 year old should not go to jail or be on the sex offenders list. It's ridiculous. Now it would be different if it was with say, a 12 year old because even if that was consensual, they havent even hit puberty most likely, and their brain is still in the concrete operations stage (psychology term) which therefore makes it immoral.

BAM

There is no suing here in New Zealand... you Yanks have some serious problems when it comes to that.

The X Factor
It's not hypocritical at all and it's not murder. It actually shows we value life by exacting the highest price possible for taking it.

You have become Wise and I can no longer be your Master... for you are now mine.

 

[Bodi]

Yeah, 4 mil was just ridiculous. To many people look for reasons to sue business in the hope of winning a jackpot like that. I served on a civil jury awhile back where a lady had a box of paper fall on her at a Wal-Mart. By the end of the trial, the injury to her shoulder had supposedly spread to her other shoulder and she claimed she got PTSD because of it. :roll: Needless to say, we didn't give her near what she wanted.

I keep spilling water at supermarkets and then slipping... keep hurting myself really bad too, but they keep getting me on video. Damn cameras...

 

[Bodi]

1) McDonalds served coffee at 180-190 degrees.
2) At 180 degrees coffee causes third degree burns in 2 to 7 seconds.
3) Between 1982 and 1992 McDonalds had received complaints from over 700 other customers about being burnt by the coffee(due to flimsy cups or spills or whatever). McDonalds settled these out of court. In addition McDonalds doubled down and suggested in internal memos that they should just set aside $500,000 to pay off victims.
4) While the Liebeck case might have been an example of needs caps on compensation, it is not an example of a frivolous lawsuit.

Anybody that eats the **** that MacDonald's serves deserves what they get...

 

[Paschendale]

The United States legal system needs some major reform. First off, let's discuss the alarming ease at which someone can be sued. If someone punches my arm and I get a bruise, I can sue them for the damages if I wanted to. And that is ridiculous. There was a man who actually sued God just to prove this point. People should not live in fear of being sued for the slightest thing that is not their fault. For instance, at my high school, you cannot leave campus for lunch because it is a liability for the school. Well how in the hell is it the school's fault if a student leaves campus? They can't keep track of 1600 kids and whether they leave school or not when they're not supposed to. People should only be able to sue when something was intentionally or carelessly done to ruin their lives.

In the US, our legal system does not function in a passive capacity. In order for anything to happen, you have to initiate a lawsuit. Nothing is automatic. If someone breaks a legal contract with you, they are not automatically penalized, you must sue. If someone trespasses on your land, they are unlikely to be fined. You must sue. (Don't forget that the "reasonable doubt" standard is not applied in civil cases).

If you punch someone, you are absolutely responsible for any harm you caused them. You freaking punched them! In fact, you have committed the intentional tort of battery. Expect to be taken to court for it. You're not supposed to do that. Also, the school example you bring up has to do with the school technically having the kids in their custody, just like a day care. Parents entrust the school with the safety of their children. The school absolutely has a duty to keep them safe.

Now let's discuss prisons. Our prisons are ridiculously inhumane. The guards don't give a **** if people get raped or beaten because if they did care, it wouldnt be happening so frequently. In prison, peoples' lives are endangered for messing with the wrong prisoner and there's nothing they can do about it. The prison system is also corrupt because of the fact that it outsources the prison labor to private companies. Prisons should be GOVERNMENT-RUN and have nice facilities free of danger. In fact, prisons should be a holding place, not a hellish world of punishment. Perhaps a large segregated area in uninhabited parts of the US where they are at least allowed to live semi-bearable lives.

Our prisons are absolutely overcroweded. However, the notions that prisoners are murdered and raped willy-nilly... That's only in the movies. In real life, prison violence isn't nearly as common as you seem to think, and it only happens among the most violent of criminals. Hence why they are all put together. A car thief wouldn't end up in a maximum security prison with rapists and murders. For exactly the reason you state.

I also agree with you about the outsourcing of prisons being a problem, but (gets up on soapbox) if we stopped locking people up for non-violent drug offenses, every single one of those private prisons could close. There would no longer be a need for them.

Also, capital punishment must be abolished if we are going to actually be humane people. What is this, 1600s Europe?? Are we REALLY still murdering people for comitting crimes? I mean I hate rapists and pedophiles as much as the next person, but we have no right to kill them.

Spot on.

And one last point I have to make is that it is ridiculous how people can be jailed based on technicalities such as statutory rape and such. If an 18 year old and a 15 year old have consensual sex, and the 15 year old testifies that it was consensual, the 18 year old should not go to jail or be on the sex offenders list. It's ridiculous. Now it would be different if it was with say, a 12 year old because even if that was consensual, they havent even hit puberty most likely, and their brain is still in the concrete operations stage (psychology term) which therefore makes it immoral

Nearly every state (actually, I think it's all of them) has laws that protect teenagers from this sort of thing when having sex with other teenagers. The 18 year old you mention would not go to jail. Especially considering how many states have an age of consent of 16. So, take heart, this problem is already solved!

 

[Paschendale]

That's nothing, if you spill hot coffee on your stupid self, you can sue McDonalds.

In the famous McDonalds coffee case, the award given to the woman was just about enough to pay for the expensive skin grafts she needed after suffering second and third degree burns.

 

[amyk629]

First off, let's discuss the alarming ease at which someone can be sued. If someone punches my arm and I get a bruise, I can sue them for the damages if I wanted to. And that is ridiculous. There was a man who actually sued God just to prove this point. People should not live in fear of being sued for the slightest thing that is not their fault.

The fees to bring someone to court are high, and they are high for a reason; 1) to pay for the costs of running a court, and 2) so that frequent absurd suing doesn’t occur. If you are going to hire an attorney if you “got punched in the arm”, that attorney would most likely not even take your case. If an attorney happened to take your case, you would be faced with paying attorney costs which amounts to around $300 an hour (if you find an attorney on the “cheaper” side). If you were to represent yourself, good luck winning, and have fun paying those high court fees. The judicial system is by no means perfect, but it can work.

In prison, peoples' lives are endangered for messing with the wrong prisoner and there's nothing they can do about it.

This is mostly due to gangs in the maximum level prisons. Prisons do what they can to regulate gangs, but you’re talking about people who are not right in the mind, hence why they are even in prison. Look at how hard it is to diminish gangs outside of prison, it’s probably even harder to do so in prison; lifers have nothing to lose.

In fact, prisons should be a holding place, not a hellish world of punishment.

Actually, prisons are in great condition. I don’t see why prisoners should receive accommodations after committing a crime. Don’t commit a crime and you won’t be forced to live in a facility that doesn’t meet your wants. I think it’s around $50 to house one inmate a day, add up all the inmates in the U.S. or even one state alone, and you reach a ridiculously high number.

Perhaps a large segregated area in uninhabited parts of the US where they are at least allowed to live semi-bearable lives.

How would that ever work? And, why should someone who chose to commit a horrendous crime be given the chance to live “semi-bearable” lives?

Also, capital punishment must be abolished if we are going to actually be humane people. What is this, 1600s Europe?? Are we REALLY still murdering people for comitting crimes? I mean I hate rapists and pedophiles as much as the next person, but we have no right to kill them.

Rapists and pedophiles are not the ones that are on death row. We are ending the lives of those who have ended the lives of an innocent; someone who contributes only harm to society. It is not murder, it is punishment; murder is with malice aforethought.

 

[theangryamerican]

No it actually shows that we are indeed hypocrites by doing something that we are trying to discourage. We have no right to take someone's life and the government is evil for allowing it.

This is not at all true. If you're harming me or my family in anyway, or if you even step into my house in a threatening manner, I legally have every right to end your life, and I will be swift to do so. The right to life of the innocent and the law abiding trumps that of the criminal.

 

[OhReally?]

This is not at all true. If you're harming me or my family in anyway, or if you even step into my house in a threatening manner, I legally have every right to end your life, and I will be swift to do so. The right to life of the innocent and the law abiding trumps that of the criminal.

In some jurisdictions... In jurisdictions that support the "castle rule" you would be correct. However other jurisdictions support a retreat rule.

 

[ggh]

1) McDonalds served coffee at 180-190 degrees.
2) At 180 degrees coffee causes third degree burns in 2 to 7 seconds.
3) Between 1982 and 1992 McDonalds had received complaints from over 700 other customers about being burnt by the coffee(due to flimsy cups or spills or whatever). McDonalds settled these out of court. In addition McDonalds doubled down and suggested in internal memos that they should just set aside $500,000 to pay off victims.
4) While the Liebeck case might have been an example of needs caps on compensation, it is not an example of a frivolous lawsuit.

Coffee is supposed to be hot.
If you are going to drink coffee or any other beverage while operating a motor vechicle you should have a cup holder located away from your body.
This was not the first time she had bought coffee from McDonalds, she knew the coffee was hot.
700 people out of how many millions that bought coffee from McDonalds?
This was a frivilous case and should have been thrown out and she should have been forced to pay any legal costs that McDonalds incurred.

 

[theangryamerican]

In some jurisdictions... In jurisdictions that support the "castle rule" you would be correct. However other jurisdictions support a retreat rule.

Hence why I specified "me" "my family" and "my house." My state supports Castle Doctrine and I wouldn't consider myself hypocritical or evil for a single second for unloading a shotgun into a home invader in the dead of night.

 

[1029066]

Yeah the mcdonalds coffee thing was ridiculous. If someone is too much of a dumbass to realize that coffee is hot, maybe they shouldnt be drinking it in the first place. Mcdonalds is a corrupt corporation, however, it was not their fault about the coffee and they sure as hell shouldnt have been sued over some idiot's ignorance.

 

[shintao]

That's nothing, if you spill hot coffee on your stupid self, you can sue McDonalds.

I wonder if that includes being distracted by a topless blonde on 1st street? LOL!

 

[TurtleDude]

one thing that is needed is to make plaintiffs who bring bogus lawsuits that are then dismissed pursuant to Rule 12 or 56 (dismissal or summary judgment meaning the plaintiff has no set of fact that entitles the plaintiff to relief) pay for the legal costs of the winning defendant. given that in federal courts, the winner of a discrimination case can and almost always gets attorneys fees paid by the losing defendant (and the court awards that AFTER the jury verdict) it seems only fair that the defendant should recoup its legal costs if it prevails. that would get rid of 75% of the employment discrimination cases and tort claims since 75% of those are thrown out before trial.

secondly-we give way too much prison time for non-violent offenders.

third, victimless crimes are a waste of law enforcement and court resources. If some guy wants to pay some skank 50 bucks for a blow job that is not something our police and courts need to get involved in

I am ambivalent about the death penalty and note that solitary in USP Florence (Supermax) has to be far more cruel than a lethal injection.

 

[Caine]

one thing that is needed is to make plaintiffs who bring bogus lawsuits that are then dismissed pursuant to Rule 12 or 56 (dismissal or summary judgment meaning the plaintiff has no set of fact that entitles the plaintiff to relief) pay for the legal costs of the winning defendant. given that in federal courts, the winner of a discrimination case can and almost always gets attorneys fees paid by the losing defendant (and the court awards that AFTER the jury verdict) it seems only fair that the defendant should recoup its legal costs if it prevails. that would get rid of 75% of the employment discrimination cases and tort claims since 75% of those are thrown out before trial.

Agreed. The cost of doing business, and thus the cost of products and services to us the consumer could possibly go down with this...... possibly.

secondly-we give way too much prison time for non-violent offenders.

Agreed. Not agreed for those involved in drug trade who just happened to be arrested in a non-violent incident. But agreed for most everything else.

third, victimless crimes are a waste of law enforcement and court resources. If some guy wants to pay some skank 50 bucks for a blow job that is not something our police and courts need to get involved in

Agreed. There are two crimes that I give a **** less about as a law enforcer. Simple Possession of Marijuana and Prostitution.

 

[Aurora151989]

did I hear something about a mcdonald's coffee case? mcdonalds coffee lawsuit - Google Search I googled mcdonald's coffee lawsuit, wasn't sure what website or websites to direct you to so here's the link of the google search
------------------------------
in short, the woman was not in the driver's seat, her grandson was, and the car wasn't moving. She got 3rd degree burns on her crotch from the spill. Feel free to go check out the websites in the search though.

 

[The Giant Noodle]

Ohhhhh DEAR! I would semd your complaints to MADD. :roll: