<< I am not familiar with what is considered "reasonable compensation" in 
other countries, but over here in The Netherlands, we take great care NOT 
to create an American situation. Many lawsuits that make it to US courts 
are considered so ridiculous here that they will never even make it to 
court (such as the lawsuits mentioned in the nominations for the Stella 
Awards). Claims for millions of Euros certainly will not get awarded -- if 
you win, you usually get awarded any real damages (medical expenses, loss 
of income, cost of replacing/repairing damaged goods) plus perhaps a few 
hundred Euros extra for the pain. IIRC, the highest amount ever awarded was 
NLG 500,000 (at current rate, approx. $250,000). And that is an extremely 
high amount by our standards. >>


Well, most Americans would agree with you about the absurdity of cases such 
as those mentioned above. They are usually caused by excessive sympathy for 
the suffering of the plaintiff (plus an expectation that the actual amount of 
damages will be reduced by the trial judge or by an appeals court). Also, in 
a lot of cases, these suits are eventually settled for a whole lot less, once 
the defendant has lost and offers less money in exchange for not appealing. 
But that doesn't change the fact of how utterly ridiculous these judgments 
are in the first place.

The fact is (I think - hope?) that these cases are distinguished precisly BY 
their absurdity and they are not representative. Which does not excuse them, 
of course. Some of the "cures" mentioned (mostly by conservative politicians 
and by the lackeys of the insurance companies and the big corporations that 
would just love to be immune from almost any kind of liability no matter how 
guilty they are) would basically throw out all lawsuits, even legitimate 
ones, in order to guard against the frivolous ones we're all so incensed by. 
And my feeling is, I'd rather run the risk of an occasional judicial outrage 
caused by being too lax than bring about many acts of injustice by being too 
strict. 

What we really need, of course, is smarter jurors. Yeah, right.




Tom Beck


www.prydonians.org


"I always knew I'd see the first man on the Moon. I didn't realize I'd also 
see the last." - Jerry Pournelle

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