Cessna sued for skydiving accident.
Christopher Brian Colohan wrote:
Dudley Henriques writes:
To me, it's obvious that the ultimate blame lies with the lawyers.
Another take: in Canada, this problem of frivolous lawsuits does not
exist to anywhere near the degree that it exists in the US.
Why? In Canada if you want to file a lawsuit, you have to hire a
lawyer. And pay them. They must be paid the same amount, whether
they win or they lose. (I think you can sue for legal fees -- but if
you lose that lawsuit, you now have to pay your lawyer for that too.)
If you can't afford a lawyer, and you have been wronged, you can apply
for legal aid -- and the most worthy of those applicants will get a
free lawyer.
The net result: plaintiffs won't sue unless they stand a good chance
of winning. Lawyers don't go sniffing for business on longshot cases.
Insurance rates are much lower. The courts are less busy. The
downside of this system: if you are poor and are wronged, it is
somewhat harder to get compensated. But for some reason it all seems
to work out just fine...
So perhaps the problem in the US is neither the plaintiffs or the
lawyers, but the system itself -- it rewards bad behaviour, and as
long as it does this then the unethical plaintiffs and lawyers will
continue to be attracted to these rewards.
Chris
Brian;
I always have had a soft spot for our Canadian friends. You folks are
just good people up there. It was my honor to be invited to fly with
your Snowbirds as their guest and the time I spent with the team was
some of the best time I've spent in professional aviation.
Your post here has logic and I agree with what you have said. The system
is indeed bad down here and in need of drastic reform. It is truly
unfortunate that those we would entrust to reform it are those most
affected by any reforms.
I honestly believe that these much needed reforms will never see the
light of day, and it truly saddens me as an American to have had this
opinion forced upon me by those I would much rather have respected as
I've made my way through life.
--
Dudley Henriques
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