Personal Injury Lawyers and common sense?
Are Personal Injury Lawyers good or bad and what about common sense? Here is what I mean.Eg. A man working in a factory sees that something has got stuck inside one of the machines, without thinking he crosses a thick red line on the floor and tries to free the thing thats stuck, in doing so he injures himself.
After he's come back from hospital, he calls the Personal Injury Lawyers and sues the company for injuring him.
What do you think of this?
An example of this could happen, and to stop it the manager could have a rule saying if anyone breaks the safety rules, they not only risk their lives but also their job, eg. Break the rule, lose your job.
Answer by luckyzimmy
In this country, it is not about common sense. It is about uncommon dollars.
Anybody can sue anyone for any imagined wrong. It is a system gone wild, and very difficult to reform, even though the need is obvious.
Since the laws are make mostly by lawyers, it is hard to that they will ever do anything to derail their gravy train.
At the very least, I wish they would change the rule to let the loser pay the fees.
At the present time, there is a legal remedy available in the form of starting an action against the plaintiff for malicious prosecution, personal injury, etc. But that will happen only if you can find an attorney who is willing to take action against one of his own.
With tort reform, the chances of the truly injured should not be diminished, but should be enhanced.
Answer by evil_paul
The law isn't about common sense oddly enough. There are plenty of other civil cases with situations similar to and even more ridiculous than that.
A prime example is the lady who sued Mcdonalds for 2 million dollars because she burned herself on her coffee. Talk about a lack of common sense. She's been drinking coffee for decades and it didn't dawn on her that it was hot?
The reason cases like this are so prevelant is because rather than someone accepting the fact they are an idiot they would rather sue someone. The second part of that is that these corporations that have "deep pockects" these cases are get rich quick scams nothing more.
Answer by DennistheMenace
hes stupid....all hes suppose to do is shut the machine off, and call for help. this is usually pretty cut an dry,
w/ most company safety policies. and yes, break the rule loose your job.....
Answer by adamfullman
Your question has nothing to do with Personal Injury law. Most states have replaced work related personal injury law suits with Worker's Compensation Laws. Worker's Compensation laws involve a fictional "agreement" between all the workers of a state and all employers. In exchange for all work claims being submitted through an administrative process (no jury trial) which is designed to (in theory) save the employers money, the employer agrees not to deny the claim if it truly occurred during work activities (even if the real cause is the worker's stupidity).
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