Sawtooth500 I think it's ridiculous that people would sue the RR if they are clearly at fault themselves, but what legal precedent have the courts handed down? Has it really gotten to the point where people can sue the RR for injuries when it was clearly their own fault and actually win?
You can sue anybody for any reason, ..actual guilt takes a back seat to the suing attorney's ability to convince the jury that a harm justifying relief has transpired.
Since the money is not coming out of the jurists pockets, they tend to look at the sued's ability to pay, and the aggrieved "victims" pitifulness before awarding judgment with their hearts, not their head
In many cases it never makes it to the jury - which is why it's so lucrative to sue in the first place.
With lawyers taking cases on contingency (a percentage of the award), there is no disincentive to suing - on the odd chance your case gets thrown out of court, you're out next to nothing.
When a company compares the cost of settling out of court to fighting the claim at trial, settling is often the cheaper solution. So they do. The "injured" gets their award, the lawyer gets his/her cut, and the defendent hopes their insurance company doesn't jack up their rate.
Until there's a potential penalty for filing lawsuits that are frivilous or otherwise without merit (ie, "loser pays), this trend will continue.
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zardozButchKnouse They are up to the 12 idiots on the jury. Jury: Twelve people not smart enough to figure out a way of avoiding their civic duty.
ButchKnouse They are up to the 12 idiots on the jury.
They are up to the 12 idiots on the jury.
Sounds like neither of you have any appreciation of history [the Magna Carta and the US Constitution] and what a break it was for the common man to get the civil right to a trial by a jury of his/her peers.
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zardoz ButchKnouse They are up to the 12 idiots on the jury. Jury: Twelve people not smart enough to figure out a way of avoiding their civic duty.
It sounds like you have not tried to get out of jury duty lately...
Makes it crystal clear why they don't want unauthorized people on their property.
BucyrusA landowner can be found liable for injuries to trespassers arising from hazards on the landowner’s property. It is not just confined to railroad property, and it is not just a matter of stupid people on juries. There are legal principles involved. You cannot have a booby trap in your yard, and then make the case that if anybody gets hurt; it is automatically their fault because they were trespassing in your yard. It may seem like you could make that case, but you can’t.
A landowner can be found liable for injuries to trespassers arising from hazards on the landowner’s property. It is not just confined to railroad property, and it is not just a matter of stupid people on juries. There are legal principles involved. You cannot have a booby trap in your yard, and then make the case that if anybody gets hurt; it is automatically their fault because they were trespassing in your yard. It may seem like you could make that case, but you can’t.
ButchKnouse Payouts are not up to the judge. They are up to the 12 idiots on the jury.
Payouts are not up to the judge. They are up to the 12 idiots on the jury.
It seems that we are living in a very 'Litigious' Society and time. Good for lawyers, not so for the rest of society.
Most anyone or any company has a lawyer or lawyers or even a whole legal staff at their beck and call. I used to be employed by a medium sized trucking company (operated about 2000 power units).
Each day the mail would bring in two to three notices to sue the company, and more threatening letters to do the same. I'd bet that it has not gotten any better. Contengency Lawsuits have a pretty good record for settlement- which means the lawyer gets a third to half of the $$$$$$. That's what lawyers do, they file suits or threats to. Settlements are sometimes made to just make someone go away (and take their lawyer with them) and move on. It is almost an accounting function, to cut down on expenses for lawyers time and energies to settlw without a court hearing. As stasted above by Butch Knouse juries can seeming award for no particular reason or guide line.
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My understanding is that yes, even someone who is trespassing may be able to successfully sue if they are injured. Usually the injured party's claim is that there were not adequate fences, signs etc. warning of the danger.
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