This website uses cookies to ensure you have the best experience. Learn more

Frivolous Lawsuits Essay

2872 words - 11 pages

Do you remember the lawsuit about the woman who ordered the McDonald’s coffee and spilled it in her lap and sued McDonald’s because it did not have a warning label on it? What about the woman who fell in the fountain at the mall while texting and wants to sue the mall? These lawsuits may seem fairly farfetched. They fall into the category called frivolous.
Black’s Law Dictionary defines frivolous as lacking a legal basis or legal merit; not serious; not reasonably purposeful (Garner, 2006). When people pursue such lawsuits as these it costs money. “The civil justice system is plagued by high ‘transaction costs,’ meaning that it is both expensive and time consuming to use the courts to resolve disputes” (Ruschmann, 2006, p. 60). Frivolous lawsuits should not be taken seriously. People should not be awarded money for things that they caused themselves, and they should not cost courts and consumer’s time and/or money.
There are many steps to go through once you decide to file a lawsuit. Many Americans suffer from injuries but only a small percentage of them file a lawsuit because many of them have valid claims but they have little money. Sometimes when plaintiffs, the person filing the lawsuit, go to trial there is a lot of money that has to be spent up-front. “Taking a large case on a contingency fee and advancing all the out-of-pocket cost is a very expensive proposition” (Bourhis, 2005, p. 76). Lawyers have created the contingent-fee arrangement. This is where “a lawyer agrees to take a case without any money up front and without requiring the client to pay an hourly or flat fee. In return, the lawyer is entitled to receive a percentage of the actual amount of money collected, generally 33 percent, but sometimes 40 percent if the case has gone through trial and/or appeal” (Rushmann, 2006, p. 23).
Once the lawyer decides to take the case, he or she must then decide who to sue. If the person primarily at fault has no money, it makes no sense to sue unless there is another defendant, the person being sued, who was also at fault and does have money (Rushmann, 2006). After the defendant has been notified he or she has several options. They can file a request to have the case dismissed explaining to the judge why dismissal is appropriate. Another argument for dismissal is the statute of limitations has run out. The plaintiff is required by law to file a suit within a given amount of time after being injured or they lose the right to sue. One other reason for dismissal is failure to state a cause of action, setting facts that entitle the plaintiff to a legal remedy or prove that the claim is frivolous. A cause of action is saying that a product was unreasonably dangerous and the plaintiff suffered injures while using it. The plaintiff must allege all of those elements in the complaint (Ruschmann, 2006).
Once issues are defined, the focus of the case is shifted to gathering evidence. Rules of discovery require a party to turn over evidence if it...

Find Another Essay On Frivolous lawsuits

Malpractice Abuse Essay

1536 words - 7 pages approved new measures to reform their civil liability systems. The new laws brought 17 the number of states that had established a limit on punitive, or none comic, damage awards.”(Encyclopedia Britanica “Law and Justice”) this problem has come to the eyes of our leaders and they started to make reforms to our laws to avoid malpractice and frivolous law suits. “Pennsylvania has passed a law to discourage frivolous lawsuits by prison inmates

Medical Malpractice: Flourishing or Failing? Essay

1093 words - 5 pages seek high damages (7). Emergency physicians, the most frequently sued type of physician, could be protected by laws in all cases with the exception of gross negligence (7). Additionally, revoking the licenses of bad physicians by examining records closely would also aid in solving the enormous number of frivolous medical practice lawsuits. Clearly, a problem exists in the American medical system. Patients who deserve compensation are not

Health Care and Tort Reform

1649 words - 7 pages Rising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort reform: legislation which would cut the

The American Fear of Being Sued

838 words - 3 pages classrooms are instructed. Teachers must be aware of their physical contact and ethical topics that can lead into false allegations. How can a student learn in this environment? Teachers need the ability to discipline students. Evicting the fear of lawsuits from teachers makes for a more productive atmosphere. The classroom is not the only place where safety and responsibility are weakened. Playgrounds have been plagued with frivolous lawsuits

business

1091 words - 5 pages on the high fees and cost associated with these patent litigations. The bill will also reshape discovery reform. This will relieve defendants of oppressive discovery in facetious lawsuits. This will allow defendants to dispose of these frivolous lawsuits before legal fees add up. The bill is certainly beneficial to small businesses, which lack the resources to go head to head with these patent trolls in court. So many firms have been forced to

The Parents' Role in School Shootings

1200 words - 5 pages and administrators to be psychiatrists, lawyers, psychologists, or physicians” (Walsh, par. 15). These school employees should have never been put in the position to have to defend themselves against such allegations. They, as a result of frivolous lawsuits, have become victims simply for doing their jobs. In Walsh’s article, the lawsuit brought against the school employees seems to imply that Carneal’s teacher was negligent for giving the boy a

Critical Thinking: The Actively Sick

1151 words - 5 pages , conditions and privileges of employment" (http://www.eeoc.gov/). But on the other hand, an employer should not be subjected to frivolous lawsuits as well.What are the descriptive assumptions?The biggest assumption of this article is author's belief in the correctness of the theories provided by "Elaine Showalter" in her book "Hystories: Hysterical Epidemics and Modern Media". This assumption is obviously questionable, since the author did not

Healthcare in the United States

1905 words - 8 pages failing of the American healthcare system are malpractice costs. Any serious discussion of cost control in the US healthcare system should include tort reform. Patients should always have a legal avenue in the event of inadequate or incompetent medical care. However, the number of frivolous and unnecessary lawsuits not only drive up medical costs but also encourage medical providers to practice defensive medicine. The actual amount of waste in

Overpopulation of Prisons

1120 words - 5 pages facilities they were incarcerated. The increase in lawsuits file has made it necessary for the government to pass and sign the Prison Reform Litigation Act (PLRA) on April 26, 1996. The PLRA weeds out frivolous lawsuits that would otherwise take up time and money. In an article by Matthew Rowland, “Prison cells are double- and triple-bunked, making it more likely that some inmate misconduct will go undetected and jeopardizing the safety of inmates

A Troubled Future for America: Health Care and Social Security Reform

1087 words - 4 pages deny coverage to applicants based on their health status, age, family history, or any number of other reasons. Also, individual based health coverage is very costly to the average person. Increasingly, cases including frivolous lawsuits and massive class actions are driving up health care costs and making Americans pay the tab. Unfounded lawsuits and excessive malpractice and liability awards not only increase health care costs, but also raise the

Wal-Mart vs Women - Equal Opportunity Employment

1079 words - 4 pages the one this assignment focuses on.Unfortunately, I feel that even though it was created with good intentions, the Civil Rights Act of 1991 actually created more problems than it fixed. In other words, I believe that more of lawsuits are frivolous than are legitimate. I believe that this is due, in large part, to the fact that more and more people are being awarded outrageous settlements, set forth by the Civil Rights Act of 1991, for ridiculous

Similar Essays

Frivolous Lawsuits Essay

2348 words - 9 pages discovered large money in mass litigation. This rise in greedy and manipulative lawyers has provided Americans with a skewed financial interest in the American courtroom and has hindered the justice system as a whole. Congress must reexamine tort reform to provide Americans with a trustworthy and secure justice system from frivolous lawsuits. As American citizens we do it everyday: we see something wrong and form ideas of suing. Whether our

Persuasive Speech: Frivolous Lawsuits Are Out Of Control

1030 words - 4 pages Specific Purpose Statement: To persuade my audience that frivolous lawsuits are out of control in America Introduction: A. Attention Getter 1. We've all heard the story about the woman who spilled scalding hot coffee on herself and then successfully sued McDonald's. But we've also heard reports of burglars suing homeowners after injuring themselves during a robbery. Most of us laugh off these stories as urban legends made to show the

Lawsuits Gone Wild: Our Out Of Control Legal System And The Need For Tort Reform

1195 words - 5 pages crashing his motor home off the freeway. But few of us ever question what these and all the other outrageous rewards for senseless lawsuits do to the economy. Have we ever wondered if they have a negative effect? Have we asked ourselves how they impact us, as consumers? Have we asked how they impact American business? The answer to all those questions is this: Frivolous lawsuits destroy the American economy.Frivolous lawsuits can damage the economy

Product Warning Labels And Protection Against Liability Lawsuits

1882 words - 8 pages against lawsuits based upon personal injury. There are many infamous cases where damages were awarded to consumers due to a personal injury resulting from what is claimed to be negligence, failure to warn or a product defect. According to public opinion, some of these lawsuits are frivolous and are causing the decline of our civil justice system. An examination of cases against tobacco companies will provide us with some conflicting