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Litigation crazy

neddy

Top Contributor
This was a tragic case in Brisbane where a balcony collapsed at a private home. It was a function for mothers of Yr 12 boys at the elite "Churchie".

Unfortunately a mother died, and some others were injured.

But have a read of this story, and look at how many parties are being sued.

Imho, it just goes to show how we are getting more and more like the USA where people just sue everybody that they possibly can.

I'm not saying that these mother's don't have a claim - but look at the approach their lawyers are taking.

http://www.couriermail.com.au/news/...ool-for-injuries/story-e6freoof-1226359384866
 

snoopy

Top Contributor
I think it reasonable to go after all those parties as they are all potentially at fault. It more the fact of there being multiple people who potentially contributed as opposed to the lawyers going crazy,

-The building inspection service - obvious one.
-Carpenter who worked on it - obvious one.
-The school - If it is an official school event then probably not unreasonable.
-Home owner - Surely they would have known the deck wasn't 100%?
 

acheeva

Top Contributor
Agreed; and the the solicitor has a duty to his/her client to fulfil their obligations

This simply reiterates the case for insurance, as the potential for injury within our properties is huge. My maintenance list is never empty@!
 

neddy

Top Contributor
I'm not an expert on insurance litigation, but I would have thought that the homeowner's Public Liability policy would cover this - and then the insurance company would go after the tradesmen / inspectors etc?

Obviously I am wrong.

I have no problems with the majority of those people being culpable - I'm just surprised it happens that way.

But I do have a problem with the school being culpable - P & C's / P & F's are forever holding functions at parents houses etc. I wonder how this incident affected things?
 

neddy

Top Contributor
I use to think these things were frivolous until I watched Hot Coffee (based on the McDonald's hot coffee spilling cases in America - it will change your opinion I think) - http://www.hotcoffeethemovie.com/Default.asp

Thanks for that link JB.

I totally believe the women I referred to are entitled to compensation - it's just the method of going about it that I find "interesting".

My point was that I thought a homeowner's policy covered these situations (public liability)? The insurance company then goes after the culpable people.

Why should the women be forced to sue or join all potential other parties? That's what I don't understand.

And I don't understand having a smack at the school either.

It's a lawyers fest.

P.S. I'm feeling very grumpy about lawyers at the moment. I have just received a statement of account from the solicitor handling my mother's deceased estate.
Talk about snouts in the trough. Don did warn me about this though!
 

James

Top Contributor
When I was younger I had an urgent operation and the doctors made a mistake with something and it resulted in an infection, mainly because they had to be called in late one night to do the op, the infection (which lasted for 1 month) we have a family friend (lawyers) who said you can easily sue the doctor for XXX,XXX ect. Thing is I didn't want to sue any one because the matter of the fact is the doctor was just doing their job and mistakes happen, and I also believe in Karma.

Same goes with the story about the girl who didn't get into her uni course is a complete joke, I didn't get into my course at uni, just missed out, I got into another course what did I do go and do one course for 6 months and transfer to the course I wanted. Did I go and sue my school for not getting my marks? No way because it was my own fault I probably should have studied harder and never gone out in year 12 lol.
These types of cases should never even be aloud to go to court in my eyes, if they are successful it will open the flood gates for similar litigation from people who feel they should have got into a course. In the end of the day the responsibility falls upon yourself to do well you can not blame others.
 

sp@rky13

Top Contributor
I definitely agree with you there James. I heard about this yesterday and I can't see how they could allow it to go through. If there was an issue with the school she should have moved schools. Simple.
 

Blue Wren

Top Contributor
When I was younger I had an urgent operation and the doctors made a mistake with something and it resulted in an infection, mainly because they had to be called in late one night to do the op, the infection (which lasted for 1 month) we have a family friend (lawyers) who said you can easily sue the doctor for XXX,XXX ect. Thing is I didn't want to sue any one because the matter of the fact is the doctor was just doing their job and mistakes happen, and I also believe in Karma.

Same goes with the story about the girl who didn't get into her uni course is a complete joke, I didn't get into my course at uni, just missed out, I got into another course what did I do go and do one course for 6 months and transfer to the course I wanted. Did I go and sue my school for not getting my marks? No way because it was my own fault I probably should have studied harder and never gone out in year 12 lol.
These types of cases should never even be aloud to go to court in my eyes, if they are successful it will open the flood gates for similar litigation from people who feel they should have got into a course. In the end of the day the responsibility falls upon yourself to do well you can not blame others.

Well said. :)
 

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