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A Litigious Nature
So. by now, we've all heard of the woman who sued McDonald's (and won) because
she spilled her own coffee in her own lap.
More recently, we've seen lawsuits against the tobacco industry. Now, I can
almost see people suing who are much older, and who remember doctors selling
cigarettes on television. They might (strong emphasis on the word 'might')
have a case.
Those who have smoked in the last 25 years, however, have no excuse. They have
been bombarded with advertisements and information about just how bad smoking
is for you, and they still chose to smoke, and now suffer ill effects for
it...well, whose fault is that?
As a society of victims, we would rather sue others, than take responsibility
for our own actions.
And, like so many other aspects of our society, we will take it to the
extreme.
Take this item, for example, culled from the Sunday paper.
A gun maker is being sued, because the weapon they sold was used to kill
somebody. I've always felt I was a pretty good writer, but I could not make up
the following, uttered by the plaintiff's lawyer in the case:
The defendants should have reasonably known that these kits, as they are
sold, that some violent kind of person could use it and would use it in some
horrible, violent act.
Of course, the same could be said of a six inch hat pin, if properly applied.
In fact, you could probably extrapolate that out to infinity.
Take, for instance, auto manufacturers. How many people are killed by cars
every year? Certainly enough that auto manufacturers would know that, in the
hands of a violent person, a ton of plastic and cheap Korean steel is a
dangerous weapon. Yet they continue to manufacture automobiles in callous
disregard of those facts!
It's criminal. And, apparently, it's actionable.
Chainsaws?
I mean, who hasn't seen The Texas Chainsaw Massacre? Twisted, no doubt, but
still a primer for the improper use of an automatic cutting device. Yet,
despite the fact that this movie was made decades ago, chainsaws are still on
the market.
Just think what a violent person...well, if you've seen the movie (or
Scarface, for that matter...the one with Pacino), you don't have to think too
hard.
Or the simple version...the axe. Go all the way back to Lizzie Borden. She
gave her mother 40 whacks. Fortunately, that was before film, so the pictures
of that crime scene have not been painstakingly reproduced in a "true crime"
book.
That was well over a century ago. And still, today, you can walk right into
any hardware store and buy an axe.
Imagine the class action suits these three items could muster. The 20% of our
society that is not currently in court could be.
Surely, before we are done with this exercise, we could have a lawsuit
prepared against enough product manufacturers that every person in the country
would have an interest in the suit.
For instance, simple items, such as bricks, could be blunt instruments.
Baseball bats, a lead pipe - in the library, with Colonel Mustard - could be
used as weapons. Some violent people don't even require an instrument to cause
damage - as is attested to in each week's police blotter.
Who will we sue if the violent person uses their own hands?
Hey, here's an idea. How about suing the violent person?! Seems to me that the
one who actually perpetrated the crime is the one to blame, not the
manufacturer of the iron, the bowling pin, the steak knife, or whatever else
was used in the act.
Or, does that make too much sense?
So sue me.
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