Club Management Issue

Dan Thompson wrote:
Now, how are you going to pay your lawyer in that lawsuit? Job prospects
for quadraplegics are pretty dismal.

First, your presuming I'm broke to begin with and that my
income stops with the accident. Neither is necessarily
true. The argument for "increasing access to the courts"
is commonly used to rationalize contingency fees. Does
this increase in suits result in a net-net greater good
for society? I don't think so.

While, on one hand contingency allows someone with little
money to file a suit and possible receive a huge award, on
the other, *someone else* is paying that award whether it
is reasonable or not. How can a jury determine the
"appropriate" punitive damage amount? These costs are
passed on to society. Does society in the U.S. benefit
more from this trade off than in Japan or England?

I'm not an expert on this but I think the crimes of
"maintenance" and "champerty" went back to biblical times.
Contingency seems to be the combination of these two.
If not eliminated perhaps Contingency should be limited to
"maintenance" by allowing the lawyer to recover his costs
from the spoils but not profit from them (champerty). A
slippery slope to be on though...

And that's great you like the loser pays theory. What if you lose? What if
the product wasn't defective after all? How are you (the loser) going to
pay? What if, at the end, you can't pay?

I think you more eloquently state my argument than me.
Clearly, as done in much of the rest of the world, the
prospective plaintiff had to consider a potential down
side as well as a possible up side then a better balance
would be achieved.

Should you be required to prove you could pay if you lost, before you even were allowed to file a lawsuit?

Interesting question. In most states you have to prove
you have insurance or deep pockets to license a car
because you are creating a potential liability by putting
that car on the road. When you file a suit you create a
potential liability as well.

But, my position depends on more personal responsibility
that most Americans have the stomach for so I doubt things
will change. Fewer and fewer companies will make risky
products (like vacuum pumps) and your daughter may not
have access to a doctor to deliver her child.