[DMCForum] Re: Laws and responsibility

["johnzd81" <johnzd81@xxxxxxxxx>]

     One of the first principles you're taught in Law school is the 
argument/principle of the "Reasonable and Prudent Man".  It is 
simple, accurate, intelligent, and forgotten.  
    The reasonable and prudent man, on seeing a patch of ice on a 
sidewalk, avoids the ice, or walks carefully on it.  He accepts 
responsibility if he slips, and does not go after the mom and pop 
grocer who host the patch of sidewalk he slips on.  
     Early lawyers used the same principle when suits were brought 
to them, and a good (reasonable  and prudent) lawyer wouldn't take a 
frivolous case.  
     Judges were expected to operate under the same principle, so 
when a lawyer did take a stupid case, the Judge had discretion 
(still does, but more limited now due to cases that have set 
precedents) to toss the case out of court.  Bottom line, thanks to 
frivolous law suits, the lawyers who plead them, and the Judges who 
hear them.....we're screwed.
     Precedent has been set in so many ridiculous cases it isn't 
funny, large corporations settle out of court to keep out of the 
press, setting more precedent.  My ex wife used to work for an 
insurance investigator, and I saw a case where a woman went into a 
large grocery chain store, began shopping and at the same time 
gorging herself on food and beverages in the store.  She became ill, 
vomited, slipped in her own vomit and injured herself, and sued the 
store for an "undisclosed sum"  (later disclosed to be 2.5 million 
dollars)  The store settled out of court.

We're screwed.......


--- In DMCForum@xxxxxxxxxxxxxxx, "ryanpwright" <yahoo1@xxxx> wrote:
> --- In DMCForum@xxxxxxxxxxxxxxx, Andrei Cular <andreic@xxxx> wrote:
> > Try again...  At least down here in FL and up in NJ it is the 
> > responsibility of the property owner to take all steps possible 
and 
> > necessary to make the property safe.  If something is not 
economically 
> > feasible you need proof that you at least looked into it.
> 
> We, of course, are talking about rational behavior and common 
sense. I
> know the laws can hold you responsible, but the laws are BS. Common
> sense says, "If you trespass on my property, and something happens 
to
> you, that's your own stupid fault."
> 
> Of course, the legal system isn't rational. We've all heard 
stories of
> burglers that break in to a house, hurt themselves trying to rob 
the
> place, then sue the homeowner and win.

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