Cessna sued for skydiving accident. OT rant...
On Dec 8, 12:28 pm, Matt Whiting wrote:
... We need to reform the system so that the only basis
for liability is wrongdoing, not the size of your pockets.
The only basis under US law is fault, except in certain strict
liability cases which are not involved here (e.g., release of
radioactive materials). I challenge anyone to find a law or jury
instruction that imposes liability based on a party's worth.
I also
believe that the burden should be in the individual who buys a product
or service and not on the product maker or service provider. I'm
talking normal cases here and not where a manufacturer as acted
fraudulently, etc.
Under the law and as instructed to every jury, the burden of proof is
on the plaintiff to prove every element of the case, except in very
special cases,(such as the IRS) including the case we're talking
about. Even where the deft has allegedly acted fraudulently, the
burden is on the plaintiff (and in a fraud case, it is very
difficult). So it isn't the cakewalk some people think it is.
So, everything you said you want is, in fact, what we presently have.
If there are any other lawyers out there who can comment on this,
please speak up!
|