With the proliferation of lawsuits in recent years, it is difficult to imagine an issue one isn't able to sue over. The frivolous lawsuit was not starting in 1994, but it was given a push from a rare occurrence to an everyday undertaking. The lawsuit I am talking about is Liebeck v. McDonald's, where a woman successfully sued McDonald's because their coffee was served hot. Today, we have warning labels on everything, from coffee cups and lids, to scissors. The jury determined that Liebeck was only 20% at fault for the incident, and that McDonald's was 80% to blame.
Just like a trend or clothing fad, the act of engaging in frivolous lawsuits, against companies whose only fault is they sold their product to morons, caught on like wildfire. When I was a kid, we got into the habit of saying, "So sue me," every time we did something our friends didn't like. As a kid, I never really thought about why we were saying that, but now as an adult I understand. What frightens me is that most adults don't understand, and continue to sue for ridiculous things. Why are frivolous lawsuits so appealing?
Despite many people saying we are currently in the Information Age, I believe we are in the Entitlement Age. With Social Security, amnesty for illegals, welfare, mandatory health care, affirmative action, bailouts and an array of other government sponsored benefits, it's easy to see why everybody has a sense of entitlement. Nobody is willing to work for money, or to earn anything. They expect to be given things based solely on the fact that they aren't earning anything. Need is not something one can exchange for value. Unfortunately most of the government and population have bought into entitlement 100%, after all, it's 'free' money.
Not everyone has bought in though. I was sitting in on a trial in court, and it was a divorce proceeding, and the prosecuting was telling the judge that she was entitled to the defendant's financial records, going back as far as she liked, even before the marriage. The judge was an older man and said, "I'm here to tell you that you are not entitled to those records." So there are judges out there who still posses common sense, although I get the feeling that they are far and few between.
What can we do to stop the flow of frivolous lawsuits? I would suggest encouraging your friends to use their brains and to remind them that when they order hot coffee that it usually comes hot.
© 2010 Nate Phillipps
I agree. People will try to get as much as they think they are entitled to these days. I spoke with a newlywed wife recently and the marriage is already having financial issues. She was already thinking of how he would be stuck paying half of the debt she had acquired even before the marriage if they were to divorce. I can't understand why people don't take responsibility for their own actions and try to take advantage of what they think they are entitled to. It's unacceptable.
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