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Joe S
03-20-2004, 09:37 PM
Hi Bill,

This is the first time I have visited the Forum, and being a lawyer, I couldnt resist the temptation to see what this post is all about. I share your frustration with our legal system, it is out of control. The people who sue a restaurant because they are overweight ought to have their obese rear ends thrown out of court and be made to pay every penny of the defendant's expenses, same with those who sue gun makers. The judges have the authority to do it but seldom do. However, as much as I dislike a lot of things some lawyers do, I can say that having dealt with hundreds of them over the course of 25 years of practicing law, there are only about a dozen or two that werent likeable people and only about a half dozen that I don't trust, which compares quiet favorably to the general population. As far as the jury verdicts are concerned, judges usually are quite conservative in their awards, and if you think the jury verdicts are too large, just remember, the people on the jury are NOT lawyers, so your complaints should be directed to your non lawyer friends and neighbors, not the lawyers. Two other points about jury verdicts : they are often reduced by the court and we are in a poor position to comment on the verdict if we didnt hear the evidence. At any rate, I agree that we as a society have to go to riduculous lenghts to avoid being sued, and the imbecils who pick up a lawnmower to trim their bushes ought not be allowed to sue the manufacturer. Since the courts haven't done a good job of controlling this frivolous litigation, its up to the legislature. Joe S

Al Messer
03-20-2004, 10:35 PM
Here! Here!

jfsmith
03-20-2004, 11:06 PM
Joe,
I agree about the ability to file suit against companies for really stupid things. Most people should take some sort of course such as "When You Really Need A Lawyer" or If It is Steaming Hot Coffee, Don't Spill It". I agree that the jury is the entity that hands out these large amounts of money, but how can O.J. owe so much in a judgement and still run around like he is rich with all of the toys he currently has? In some states the legislature has set limits and guide lines for the amount of a judgement.
My only interactions with the judicial system apart from my divorce is dealing with technology transfers between companies or countries. I was only the engineer giving an opinion concerning the tech stuff. So I have no background in the law, except I served my jury duty and the casse that I heard was two days long and the parties settle amoung themselves during the second day. From what I was told that many trials are that short, I just had a boring two weeks, read a couple of books.
I was going to email you off line, but you don't have your email or website listed.

Jerry

J Tiers
03-21-2004, 12:01 AM
<font face="Verdana, Arial" size="2">Originally posted by Joe S:

Since the courts haven't done a good job of controlling this frivolous litigation, its up to the legislature. Joe S
</font>

Why hasn't the legislature done something?

Who is in the legislature?

60% to 95% lawyers.

'Nuff said

Joe S
03-21-2004, 12:13 AM
Hi Jerry, my original comment was in reply another topic but I must have hit the wrong button and started a new one. At any rate, I don't know specifically about OJ, but generally, if you hava a judgment against someone, you have to have it docketed in the state and county where the defendant has property in order to execute on it. I recall reading that OJ's Heisman trophy was executed on and sold at auction. At any rate, in some states, it is very difficult to collect a judgment, and if OJ rents a home and car or lives in a home owned by a relative, you can't touch the home or the car. If he has income, it may be difficult to garnish because you have to file the garnishment at the precise time that the person owes him money, not before, and not after the check is in the mail. If he has investments or assets overseas, it may be impossible to get at them. He may have wealthy friends or fans that are willing to give him money. Most creditors dont have the money to do the investigation that is required to keep close tabs on the debtor, in OJ's case there is enough money at state to justify the effort and expense, but he may not actually have much, or he may be able to hide or protect it. Joe

wierdscience
03-21-2004, 12:26 AM
I see the single biggest problem with the legal system as being two fold,one people are getting rewarded for being stupid(tabbaco,hot coffee etc.),two a system of laws based not on absolutes,but rather precident,the old "he got away with it,why souldn't I" mentality

jfsmith
03-21-2004, 12:34 AM
In the United States are there any laws directly connected with the machine trades and the metal workers? We could enjoys some guidance and enlightenment on these subjects now and then.

Jerry

CCWKen
03-21-2004, 12:38 AM
How does one blame the courts or the legislatures? Are you saying the judges are at fault? The representitives or senators? There's thousands of frivilous law suits filed every year.

But... You know what? EVERY ONE of them had to be filed by an ATTORNEY. No suit will ever come before a court unless it is filed.

Cash is the driving force not justice. And since the Legislative branch is mostly comprised of attorneys, little will be done to change tort laws.

CCWKen
03-21-2004, 12:48 AM
<font face="Verdana, Arial" size="2">Originally posted by jfsmith:
In the United States are there any laws directly connected with the machine trades and the metal workers? </font>

Tort Law covers this area Jery.
Personal injury law revolves around torts. Torts are acts, or failures to act, that interfere with somebody's freedom to enjoy their personal and property rights. Torts can be based on negligence or strict liability.

BillH
03-21-2004, 01:34 AM
There is just so many annoying things now, my bio lab, or all those darn warnings on commercials on TV shows and commercials, Warning, "Professional driver on closed course" etc. Few idiots cause so much havoc for everyone else. A lack of common sense should not enable one to sue, all it should do is enable one to die stupidly.

wierdscience
03-21-2004, 07:03 PM
"die stupidly"Its called getting your obituary on the front page http://bbs.homeshopmachinist.net//biggrin.gif

John Stevenson
03-21-2004, 07:31 PM
<font face="Verdana, Arial" size="2">Originally posted by BillH:
A lack of common sense should not enable one to sue, all it should do is enable one to die stupidly.</font>

At one time we made a range of Ink mixers, like a food mixer but on steroids.
http://www.multi-mixer.co.uk/
All new machines here in the Uk have to be certified and issued with a CE certificate, so we get the guy in to do the certification.
He asked what do we do to stop the user from getting his fingers in the rotating paddles.
I told hm that the machine won't start until the paddles are in the ink.
For 'ink' read Engineers Blue, that's actually an ink. He then asked what stops someone putting their fingers in the ink and touching the paddles.
I told him it's in the manual "Don't stuff your pinkies in the ink" and common sense tells you not to.
He then asked if we had used the term "Common Sense" in the manual and we had, we were told we had to remove this phrase as common sense cannot be defined so it cannot be acted upon.
We removed this phrase and replaced it with
"This machine can only be used by trained operatives" http://bbs.homeshopmachinist.net//biggrin.gif

John S.