LadyConstanze -> RE: Mental Health (7/18/2011 10:44:26 AM)
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quote:
ORIGINAL: Iamsemisweet I actually think the fact that it is typical for the losing party to get stuck with the costs, which you describe as typical in Europe, is not a good thing. I think it could chill someone from exercising their legal rights, and it certainly discourages settlement. I prefer free and open access to the courts, regardless of whether some might consider it frivolous. As for the disclaimers, well yeah, you got me there. However, you can never underestimate how stupid some people are. Probably each and every disclaimer you mention was made in response to something someone actually did. Doesn't mean they have a cause of action for it, at least under the laws I am familiar with. It is certainly better than having manufacturers take short cuts that result in serious injury or loss of life to consumers using the products as intended. Remember the Ford Pinto? Unsafe at any speed. Well, our opinions differ here, I think it's an excellent thing because it stops people from suing like mad for every fart, for some people suing seems to be some sort of hobby. So if somebody sues you over nothing, you are selfemployed and you can't deliver due to being saddled with a stupid and frivolous lawsuit, you lose income and customers, you would be happy about it? On top of it you would also be happy to pay for your legal representation and judges and courts cost quite a bit, so that's going to come out of your taxes. You think it's a good thing? Look, in Europe if your finances are strained, you can get help if you want to sue somebody, they even pay your legal costs, but they will look at the evidence and if you don't have at least a decent chance for a case (because it really is a violation of your rights or anything like that), no way. We're not enduring injustice every hour of the day, that's what laws are for. Example, about 2 years ago some idiot hurt my girlie dog, repeatedly, we tried to get away from him, I was close to smashing his face in, warned him several times to stop, he almost tore her hindleg out of the socket and she nipped him lightly, he went to the police and reported her as a dangerous dog, police spoke to all the witnesses, all said the guy had hurt the dog, was warned repeatedly, they checked the dog, found her very friendly and placid, told him to present some witnesses, he had none plus he was drunk when it happened, so they told him to sod off. He had the good grace to call the female officer who handled the case a stupid c*nt, so they got him for wasting police time and insulting a police officer. He was after compensation but to put a compensation claim in, you have to report a bite to the police first, since they decided that there was no case as he was just a stupid idiot, chances for a compensation claim went out of the window. I dread to think what it would have been like in the US... Seriously, not having a disclaimer that you shouldn't wash children and pets in washing machines or dry them in tumble dryers or microwaves is not taking the short cut. If you are THAT stupid that you do that, you shouldn't be allowed to breed or own animals.
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