America’s long legacy of litigation
August 27, 1996
In our country, we are protected by a series of laws.Whether these laws are enumerated or implied, we have a right to state grievances in a court of law against those who break these laws to our detriment.
However, in today’s society people are abusing these rights.
There is an epidemic of lawsuits in our court system. While some of them are legitimate, an increasingly large number are clogging our system with ridiculous complaints and even more ridiculous award amounts. These lawsuits are becoming an excuse for people’s stupidity. Instead of using common sense, people use the courts to punish those who do not inform us of the obvious.
An interesting example of this is the story of the elderly woman who sued McDonald’s for $2 million because she spilled hot coffee in her lap. This woman received coffee in the drive-thru, and when she drove away she spilled the coffee in her lap. As she was treated for her burns, she (and her lawyer) decided that McDonald’s did not warn her that the coffee was hot. They sued the company for 2 million dollars. I guess it would be silly for the woman to believe that her coffee was hot!
Tobacco companies are now being sued for the medical costs of those afflicted with smoking related illnesses. These tobacco companies, who have a legal right to sell their product, are being persecuted by civil trial lawyers and state attorney generals as well. Their argument is that these people were not adequately warned about the dangers of smoking. Those Surgeon General warnings must not be noticeable enough, eh?
These are just two examples, but the trend is clearly establishing itself. Instead of taking some personal responsibility for their actions, many people decide to hire some sniveling weasel lawyer to place the blame on someone else. They file these suits under the guise of consumer rights, but all they really are is an attempt by people (plaintiffs and lawyers) to make a fast buck off of companies.
We shouldn’t be surprised, though. With more and more attorneys graduating from America’s law schools, it is only natural for these men and women to become more competitive. Lawyers and their clients wring as much money out of defendants as they can for any silly reason. These high award amounts translate into higher commissions. These higher commissions lead more and more young adults into this increasingly ermine profession.
Don’t expect any help from politicians, either. While legal reform is a popular idea among the voters, it isn’t seeing any real progress in in our government.. Seventy-fivepercent of our congressmen are lawyers by trade, and I don’t believe that they are going to decrease the lawsuit awards that become their campaign contributions.
This sue-happy world has some more disadvantages that aren’t necessarily monetary in nature. How many times have you watched a sports car commercial that says “professional driver-do not imitate”? Who remembers MTV censoring Beavis from saying “fire” after some kid torched his Ohio house? How many public pools can you go to today that have a high dive (or any diving board at all)?
These are all defense mechanisms initiated by companies, because in today’s world they are liable if some yahoo drives his Nissan off of a mountain road at 90 because he saw it on TV.
It should be noted that not all lawyers are bad. For instance, district attorneys and public defenders serve an important function in our society. The truly despicable lawyers in this country enjoy their profession not because of pride, but because of greed. The same is true of the plaintiffs. We need to preserve their rights to receive compensation for any legitimate tort. However, these rights need to be applied just as strongly to the defendants. The juries and judges who hear these cases need to apply common sense, not vengeance.
While businesses have a responsibility to protect their customers, these customers have a responsibility to think with their head and not their wallet.
Robert Zeis is a senior in finance from Des Moines.