I know it's easy and popular to blame the lawyers for these kinds of liability issues. I agree that there are some lawyers out there who will champion their client's frivolous cause. However, in my experience it's not the lawyer, but the client, that is bent on pursuing the unjust claim. While it's true that there are plenty of cases where a lawyer is giving the client bad advice, most "bad" lawsuits are motivated by the client's greed, not the lawyer's.
If you haven't guessed yet, I am a lawyer. Don't worry, I'm not offended by the frustration that people have with what they perceive as frivolous lawsuits. I know there are plenty of them out there, and enough poor and/or unethical lawyers to justify the jokes and the derision. My frustration, however, is with the media reporting of the crazy lawsuits. In my opinion the publication of the great exceptions to a normally sane legal process has several negative impacts. First, many of the cases are not accurately reported, leading the general public to place blame for what is perceived as a wacky outcome on an apparently flawed legal system. Second, the publication of the cases does nothing to remedy the supposed flaws. Rather, it makes them worse by planting in peoples' minds the notion that they too can get rich through some frivolous lawsuit.
The famous McDonald's coffee case is an excellent example. Most people do not realize what happened in that case, or why the jury entered a large award against McDonald's. It's popular to say that the woman who brough the case was in the wrong because she should have known that the coffee was hot and it was her own clumsiness that resulted in her injuries. Almost everybody I talk to about that case believes that McDonald's got sued because some clumsy lady spilled coffee on herself. That's not the whole story.
The rest of the story is that McDonald's (and it might have been limited to the one franchisee, not the corporate giant, I don't know) was advertising "all you can drink" coffee. However, to save money on this advertised promotion, McDonald's was heating the coffee way beyond the normal temperature at which coffee is served. The purpose in doing so was to make the coffee too hot to drink. By the time the customer finished their stryofoam plate of hot cakes, the coffee was still scalding hot, and "all you can drink" turned out to be just one cup. McDonald's was intentionally making its coffee not just hot, but dangerously hot. McDonald's was doing something that the jury (which heard all of the evidence) believed it knew was endangering its customers and it was doing it to increase its profits. In my opinion, that kind of conduct should be punished, and for a company that is making boatloads of money selling super heated coffee, it sometimes requires a boatload of punishment to send the message. I don't have a problem with that.
The problem comes, however, when the story is sensationally reported and everyone is led to believe that some lady got a bazillion dollars for spilling coffee on herself. Then when somebody else spills regular coffee down their pants they think they've hit the jackpot and bring the frivolous lawsuit. If they go see a decent lawyer, he tells them they don't have a case. However, if they go to one of the bad lawyers, the defendant ends up spending a bunch of money to get rid of the frivolous lawsuit.
Who's to blame? The lawyer? Sure he bears responsibility to advise the client not to file the frivolous lawsuit. The media? I suppose at some level because they have irrepsonsibly and inaccurately reported the sensational lawsuits. But mostly the responsibility lies with the clumsy person who thinks they're going to "dig a pit for their neighbor" because of either their own clumsiness or perhaps even an honest mistake.
OK. I'll come down off my soapbox. I don't promise to stay down, but I'll come down for now . . . before somebody kicks it out from under me and I have to sue the pants of them! /forums/images/graemlins/wink.gif
-- Grant