Comments on: Lawsuit of the Day: Man Cuts Himself Out of a Tree

By: heatrefleco54

heatrefleco54 — Tue, 20 Apr 2010 13:45:46 +0000

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By: guest9999999

guest9999999 — Tue, 20 Apr 2010 01:58:32 +0000

Aspiring Litigator, you should sue your junior high school principal for allowing you to graduate without learning the difference between a “principal” and a “principle.”

By: Durrrr

Durrrr — Tue, 20 Apr 2010 01:29:00 +0000

This happened in the United Kingdom. Nice try though.

By: guest

guest — Tue, 20 Apr 2010 01:17:04 +0000

Of course action was taken. They probably told their staff to tell future gardener types to not be idiots. I blame the regulators for blaming the employer.

By: Guest

Guest — Tue, 20 Apr 2010 00:27:55 +0000

Perhaps you are right. But there really are people as dumb as Aspiring Litigator.

By: Troll Detector

Troll Detector — Tue, 20 Apr 2010 00:27:17 +0000

No, it is a self-evidently succesful one.

By: V5 Associate

V5 Associate — Tue, 20 Apr 2010 00:23:58 +0000

guest:

Let's look at those examples. Both are from the Telegraph - one of the more respectable right wing newspapers, but it has its ax to grind nonetheless.

The Pavement Story: Essentially, the Institution of Occupational Safety and Health, an industry body representing health and safety professionals, advises businesses not to clear ice from public sidewalks because, in its opinion, they might open themselves up to lawsuits. It suggests passers-by might injure themselves on improperly cleared sidewalks. By taking action, businesses open themselves up to liability where they would have had no liability were they to take no action. Businesses have no duty to clear icy public sidewalks.

The Icy River Story: West Mercia Police claimed safety regulations prevented officers from diving into an icy river to attempt a rescue. No mention is made of any kind of legal action.

Neither story involves an employee suing an employer. Neither suggests that strict liability applies to suits involving workplace accidents. Most importantly, though, neither story carries even a hint that the deck is stacked against the civil suit defendant in England.

Are you just giving examples hoping no one will actually read them? Or do you somehow believe these examples support your point?

By: troll spotting

troll spotting — Tue, 20 Apr 2010 00:16:39 +0000

This is a piss poor attempt at trolling.

By: guest

guest — Tue, 20 Apr 2010 00:01:16 +0000

v5 http://www.telegraph.co.uk/news/uknews/crime/72...http://www.telegraph.co.uk/topics/weather/69581...

By: Guest

Guest — Mon, 19 Apr 2010 23:59:32 +0000

No, we're suggesting that either you can't read or are weak at logical reasoning if you question whether the lawsuit was brought in England or seriously propose that the Federal Rules of Civil Procedure are applicable. Those were your initial points. Your attempt to save face by arguing that the English courts probably have a procedure similar to summary judgment is another matter, you're right that they probably do.