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  1. #1
    ABW Ambassador mousejockey's Avatar
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    A drunk gets thrown out of a pub, so he decides to break in. Climbs upstairs opens a balcony door to where the publican, his wife and kids are watching television.
    The publican reacts accordingly to a home invasion and king hits the drunk.

    The drunk has just been awarded $50K against the publican for undue force and the drunks mum has received $18K because she's getting nightmares after seeing her son beaten up!!!

    What is wrong with this scenario?????

    "I haven't failed, I've just found 10,000 reasons why it doesn't work"
    Thomas Edison

  2. #2
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    I used to think the world had gone crazy but there's so much of that - I've finally decided I must be the crazy one, I'm the exception.

    A burglar breaks in, trips on a skateboard, sues and wins and I'm no longer surprised.

    When sanity is the exception, it's not sanity anymore.

    If you want to point a finger tho, I think the lawyers are the logical direction.

  3. #3
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>A burglar breaks in, trips on a skateboard, sues and wins and I'm no longer surprised.<HR></BLOCKQUOTE>

    Or ... a burglar pops up, not once but twice and steals our traffic and commission ... and We are fighting it!

    The burglar in the house crap is asinine!

    <font size="2" face="Verdana">Haiko


    The secret of success is constancy of purpose. ~ Disraeli
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  4. #4
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    please nobody call me unpatriotic.The problem is with the justice system not being able to use its own judgement. All it can do is apply the laws and that's all.

    Of course there's always room for a little bit of judgement but not much. I heard something once (and i really hope its not true). A guy took out a large fire insurance policy on some expensive cigars. Then he smoked them and filed a claim. when the insurance company refused to pay, he sued and won a large sum. just makes me shake my head.

    Or the lady who spilled mcdonalds coffee on herself ... absolutely absurd.

    always nice to see our tax money being put to good use.

    Sal @ PHATBargains.com

  5. #5
    Outsourced Program Manager Chris -  AMWSO's Avatar
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    Ha ha that McD one was a classic, sued for not labling that Hot Coffee was..err Hot.

    One has to wonder who is the stupid person here though...after all the lady is quite well off now..... one has to wonder how juries are selected..... and if that isn't the real failure with a legal system

    Cheers

    Chris

  6. #6
    ABW Ambassador mousejockey's Avatar
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    The kicker to this is another publican has come forward and said this same drunk was thrown out of his pub because of his behaviour.
    The drunk tried to entice the publican into a fight but the publican held back.

    There is a real failure in the system!

    Here in Oz we have crisis as liability insurances are going through the roof because of frivilous claims.
    Businesses are closing, many Doctors have retired because it's just too expensive and too much of a nightmare.
    We must carry some responsibilty for our actions, the duty of care shouldn't be on everyone else.

    That 'Mac coffee case' was absurd, sadly it's starting to happen here in Oz.

    "I haven't failed, I've just found 10,000 reasons why it doesn't work"
    Thomas Edison

  7. #7
    Defender of Truth, Justice and the Affiliate Way
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    There is some hope though. Some states are starting to enact litigation reform. I know in my state, several steps have been taken.

    Now if you bring a civil case that is deemed frivilous by the courts not only is the case thrown out, but you have to pay court costs, the defendents legal expenses, and you can get fined for taking up the court's time.

    A cap has been set in what a jury can award for punitive damages. I think it's something like $250,000. No more of those multi million for damages in personal injury cases.

    Also we were the first state that passed a law that you had the right to use deadly force if someone tried to carjack you. Shot and ask questions later. The law got tested within a couple of weeks of going into effect. Some guy ran up to a car that was at a stoplight and tried to force his way into the car. The passenger reached into the glove compartment, pulled out a gun and blew the guy's *ss away. No one even blinked an eye and law enforcement said it should be a warning to other carjackers.

    A few years ago we had the unfortunate incident of two teenagers goofing around on Halloween and going up to the wrong house they thought a party was at and futzing around. The owner of the house thought someone was trying to break in and wound up fatally shotting one of the kids who happened to be a foreign exchange student from China (I think). It actually turned into a big diplomacy thing. Charges were brought against the guy, but I think mainl from political pressure. The jury found him innocent though saying he was defending his property and family. That whole incident was a sad story though.

    OTOH, we were the most ligitious state in the US and had the highest jury awards in the nation. So something had to be done. We also had the highest homicide rate in the nation at the time. Neither of those stats are any longer true.

  8. #8
    Defender of Truth, Justice and the Affiliate Way
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    There is some hope though. Some states are starting to enact litigation reform. I know in my state, several steps have been taken.

    Now if you bring a civil case that is deemed frivilous by the courts not only is the case thrown out, but you have to pay court costs, the defendents legal expenses, and you can get fined for taking up the court's time.

    A cap has been set in what a jury can award for punitive damages. I think it's something like $250,000. No more of those multi million for damages in personal injury cases.

    Also we were the first state that passed a law that you had the right to use deadly force if someone tried to carjack you. Shot and ask questions later. The law got tested within a couple of weeks of going into effect. Some guy ran up to a car that was at a stoplight and tried to force his way into the car. The passenger reached into the glove compartment, pulled out a gun and blew the guy's butt away. No one even blinked an eye and law enforcement said it should be a warning to other carjackers.

    A few years ago we had the unfortunate incident of two teenagers goofing around on Halloween and going up to the wrong house they thought a party was at and futzing around. The owner of the house thought someone was trying to break in and wound up fatally shotting one of the kids who happened to be a foreign exchange student from China (I think). It actually turned into a big diplomacy thing. Charges were brought against the guy, but I think mainl from political pressure. The jury found him innocent though saying he was defending his property and family. That whole incident was a sad story though.

    OTOH, we were the most ligitious state in the US and had the highest jury awards in the nation. So something had to be done. We also had the highest homicide rate in the nation at the time. Neither of those stats are any longer true.

  9. #9
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    Sadly, we continue to reelect the judges, prosecutors and lawmakers that allow this to continue to happen.

    Mike

    Don't Worry Mama, It Won't Get Freaky!

  10. #10
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    What about these ones! These are in the UK;

    1. A man sues his local council for damages after he walks into a lamppost and win £600 ($900) even though he admits he wasnt looking were he was going!

    2. A man win £25,000 compensation after the organisers of a scrabble competition started without him whilst he was at the toilet!

    You really have to wonder whether these judges have any common sense whatsoever. [img]/infopop/emoticons/icon_confused.gif[/img]

    The only thing that you can give and still keep is your word.

  11. #11
    ABW Ambassador Andy's Avatar
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    I think the problem is the politicians and the judges.

    I personally know of a case where a federal judge granted a motion for summary judgement to a defendant. The defendant lied under oath twice; concealed evidence; used hearsay evidence; submitted affidavits from people who weren't listed as witnesses, nor were these witnesses allowed to be deposed by the plaintiff regarding their affidavit; destroyed evidence after it had been admitted as evidence; lied about the existence of other evidence until the plaintiff proved it existed, which was after the discovery period had passed; then submitted altered evidence.

    I can't tell you how angry I was when I found out about the judge's ruling. I mean, what does it take for a judge to say this is wrong?

    When someone lies to the court, destroys evidence, alters evidence, and doesn't follow proper procedures, they should have the book thrown at them, not win the case!

    As long as Americans continue to elect the people that allow this to happen, we deserve everything we get.

    Andy
    [End of rant - resume your normal reading schedule]

  12. #12
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    Hmmmm....I was thinking about going on a gun owners right issue..then changed my mind.....but where we live, the burglar wouldn't have made it out alive, and the courts wouldn't have had a problem with it...somebody breaks into your home assuming you are home (not a daytime robbery), for all I care, they are there to cause harm, and so far, the courts here see it the same way.

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  13. #13
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    Tom,

    They see it the same way here in Oklahoma. In fact, an old man the other day came across 2 guys breaking in to his neighbor's house and as he put it, he "decided to ease on back to the house for some hardware," which turned out to be a shotgun. He returned to his neighbor's house, took the keys out of the burglars' car and waited. The 2 guys came out of the house, they saw him and he fired a shot into one of their car tires and they began running at him with baseball bats until he fired it again in the air and he held them until the cops arrived. That's how we do it in Oklahoma.

    Then of course there is the woman in Dallas who was attacked by a rapist in her home. Long story short she found a pair of vise grips during the attack, put them to good use and literally apprehended the rapist and it was he who made the call to 911 begging them to come take him away.


    Mike [img]/infopop/emoticons/icon_eek.gif[/img]

    Don't Worry Mama, It Won't Get Freaky!

  14. #14
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    Sal,

    The cigar story is true, however the man was arrested for arson once the verdict in the insurance case was decided. That is justice!

    Craig Uberroth
    Knack Technologies
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  15. #15
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> The cigar story is true, however the man was arrested for arson once the verdict in the insurance case was decided. That is justice! <HR></BLOCKQUOTE>

    Unbelievable. I heard that he was arrested for arson, thats why i questioned the entire story. It can't be true ... can it? ** shaking my head in total disbelief **

    Sal @ PHATBargains.com

  16. #16
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    Sal,

    I will look it up, I am trying to remember where I read it. I do think I read it about 1.5 yrs ago, but then again I don't always have the best memory, just ask my wife.

    Craig Uberroth
    Knack Technologies
    marketing@megamouse.com
    (913)731-6010
    Get your LaunchPad @
    MegaMouse.com

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