Cousteau
22-12-2004, 02:57
The proposal to repeal reads as follows:
The media has seized on this concept of frivolous lawsuits. We receive chain e-mails telling us of ridiculous sums for self-inflicted pains. As a result, it enjoys great grassroots support. We often hear only the most brief synopsis of the proceedings, while the minute details that decide the verdict are left out.
The Common Sense Act II specifically mentions "burning oneself with a hot beverage, such as coffee". This is a nod to the case of Ms. Stella Liebeck of Albuquerque, NM. Her victory was based on the fact that McDonalds had (as was routine) heated her coffee to 180 degrees Fahrenheit, a temperature McDonalds knew could cause third-degree burns in seconds. (Ordinary coffee is kept at around 140 degress F.) Despite her attempts to settle for $20,000 (to pay her hospital costs: she was hospitalized for eight days and needed skin grafts), McDonalds refused. She had no choice but to sue. See http://www.snopes.com/legal/lawsuits.asp for more information on other false reports of frivolous lawsuits.
In truth, laws restricting lawsuits such as this often work only to prevent unjustly injured people from receiving money they badly need. Insurance companies have been using these reports to inflate premiums for years, as was shown in California with the passing of Proposition 103. California's strict tort reform had failed to stem rising rates- but Proposition 103, which forced insurers to justify cost increases caused rates to plummet.
These suits are almost always dismissed when taken to court. The rare winners are thrown out on appeal. I beg you to stop a massive civil rights breach in the making. We will not raise taxes by doing so. We will not clog the courts by doing so. Please repeal the Common Sense Act II- all it takes to know you should is common sense.
I'm sorry the temperatures aren't in metric- I wasn't thinking. 140 F= 60 C, and 180 F= 82 C. Please help reverse a resolution that both infringes on basic civil rights and protects large insurance companies (a.k.a. "The Man") from being forced to give out the money they owe.
The media has seized on this concept of frivolous lawsuits. We receive chain e-mails telling us of ridiculous sums for self-inflicted pains. As a result, it enjoys great grassroots support. We often hear only the most brief synopsis of the proceedings, while the minute details that decide the verdict are left out.
The Common Sense Act II specifically mentions "burning oneself with a hot beverage, such as coffee". This is a nod to the case of Ms. Stella Liebeck of Albuquerque, NM. Her victory was based on the fact that McDonalds had (as was routine) heated her coffee to 180 degrees Fahrenheit, a temperature McDonalds knew could cause third-degree burns in seconds. (Ordinary coffee is kept at around 140 degress F.) Despite her attempts to settle for $20,000 (to pay her hospital costs: she was hospitalized for eight days and needed skin grafts), McDonalds refused. She had no choice but to sue. See http://www.snopes.com/legal/lawsuits.asp for more information on other false reports of frivolous lawsuits.
In truth, laws restricting lawsuits such as this often work only to prevent unjustly injured people from receiving money they badly need. Insurance companies have been using these reports to inflate premiums for years, as was shown in California with the passing of Proposition 103. California's strict tort reform had failed to stem rising rates- but Proposition 103, which forced insurers to justify cost increases caused rates to plummet.
These suits are almost always dismissed when taken to court. The rare winners are thrown out on appeal. I beg you to stop a massive civil rights breach in the making. We will not raise taxes by doing so. We will not clog the courts by doing so. Please repeal the Common Sense Act II- all it takes to know you should is common sense.
I'm sorry the temperatures aren't in metric- I wasn't thinking. 140 F= 60 C, and 180 F= 82 C. Please help reverse a resolution that both infringes on basic civil rights and protects large insurance companies (a.k.a. "The Man") from being forced to give out the money they owe.