Lawsuits filed by RAM attendees make me HOT

[5pointy]

Went to RAM last week and parked in the lot to the east of the market (the elevated lot). There is a public sidewalk that goes along the street, and another shady sidewalk that goes adjacent to one of the bank that is closest to RAM. It is open, not labeled as "no trespassing" and in good repair. As it was about 150 degrees in the shade, I took the shortest and shadiest walk between the parking and the market, and away from the fumes on Riverside Ave--the sidewalk closer to the office building.

A RAM security guard came running towards me and told me I had to walk on the streetside sidewalk--when asked why, she said--"people who walked on that other sidewalk fell, and now they are suing the company. So they want everyone to walk on the city sidewalk, so if they fall, they sue the city!"

I looked at both sidewalks, both are in good repair. If someone falls on either, it is obviously NOT because anyone is at fault. I'm glad that the companies on Riverside who are donating parking space have been so tolerant. Maybe just a tiny little sign that says "walk at your own risk!"-

[Lunican]

[ChriswUfGator]

Went to RAM last week and parked in the lot to the east of the market (the elevated lot). There is a public sidewalk that goes along the street, and another shady sidewalk that goes adjacent to one of the bank that is closest to RAM. It is open, not labeled as "no trespassing" and in good repair. As it was about 150 degrees in the shade, I took the shortest and shadiest walk between the parking and the market, and away from the fumes on Riverside Ave--the sidewalk closer to the office building.

A RAM security guard came running towards me and told me I had to walk on the streetside sidewalk--when asked why, she said--"people who walked on that other sidewalk fell, and now they are suing the company. So they want everyone to walk on the city sidewalk, so if they fall, they sue the city!"

I looked at both sidewalks, both are in good repair. If someone falls on either, it is obviously NOT because anyone is at fault. I'm glad that the companies on Riverside who are donating parking space have been so tolerant. Maybe just a tiny little sign that says "walk at your own risk!"-

For all you know there could've been an extension cord running across the walkway, or garbage that tripped the person, or whatever. I'm not saying every lawsuit has merit, but you don't have a clue what the basis for this one is, have no clue how the person got injured, and no idea at all what the facts are. But you're still self-professedly "HOT" at the injured person, despite knowing nothing at all about it?

Sheesh.

[RiversideLoki]

I'm of the opinion that most "fall" lawsuits are absolute crap. Some have merit (E.G. wet floors in a grocery store not clearly marked with a "Piso Mojado" sign. Just watch where you're walking, idiots! I've fallen down in public places on many occasions. But I don't blame it on anyone by my own clumsiness.

[5pointy]

For all you know there could've been an extension cord running across the walkway, or garbage that tripped the person, or whatever. I'm not saying every lawsuit has merit, but you don't have a clue what the basis for this one is, have no clue how the person got injured, and no idea at all what the facts are. But you're still self-professedly "HOT" at the injured person, despite knowing nothing at all about it?

Sheesh.

Calm down. I know what the security guard told me, and I don't think she had a reason to fabricate. When I wanted to walk there, there was no trash, no cords, just sidewalk. She also mentioned that more than one person had tried to sue. Agree with RiversideLoki--I am just tired of the "it's someone's fault" crap.

[ChriswUfGator]

I'm of the opinion that most "fall" lawsuits are absolute crap.

People always seem to be of that opinion about any legal protection for anyone else, until they need it themselves.

[RiversideLoki]

People always seem to be of that opinion about any legal protection for anyone else, until they to make a quick buck.

FTFY

[simms3]

Nice RiversideLoki, lol.  People suing for baseless reasons and people like John Edwards are huge factors in why our healthcare is so expensive (without going into details).

[simms3]

Well from the OP the security guard didn't give any details, just said that people were suing the company for falling on their sidewalk.  Sounds legitimate to me, I am sure the company briefed the security guard on at least that much, why would the security guard come up with such a story and why would the company have the security try to get people to walk on the city sidewalk otherwise?  There is no denying that there are enough uncouth people to make a story like that happen.

Now I echo everyone on here, if there was some direct factor that contributed to those people falling that could have easily been avoided and resulted in some injuries that cost time and money and perhaps emotional damage, then a lawsuit could be in order.  I somehow doubt that is the case.

And Stephen, not speaking with doctors in my family, but all my other doctors, most of whom were in favor of the healthcare overhaul (I don't get that) all agree that tort reform is probably the most important way of getting major costs down, and tort reform was nowhere in the bill.  I have 3 doctors in Atlanta who are all at least moderately liberal (one is gay, one is a woman from Brooklyn, one probably just feels bad that he makes so much money and is therefore in favor of higher taxes, all demographics that are highly liberal), and they all tell me that lawsuits just kill the industry and doctors.  The simplest reform needed is that the loser of a class action lawsuit should be forced to pay remediation/all legal fees for the defense party.  That alone would deter many of these unproven "cerebral palsy from vaginal canal birth" claims, etc that lead to most doctors forcing C-Sections because they are afraid that if they perform a normal birth and the baby happens to have cerebral palsy they will be sued out of their profession.

Insurance costs for a C-Section are wayyy higher than a normal birth for the operation part, but malpractice insurance for both is significantly high because of risk of lawsuit for normal birth and risk of something going wrong in operation for C-Section.  Therefore nobody except for lawyers (John Edwards in this particular case) and their clients wins.  Everyone else loses big time, and just imagine how many lawsuits there are.

[Ocklawaha]

Here's a story for you...

Guy walks up to a house on a tree lined canopy street in Central Florida. Knocks at the door but no one is home.
He walks off the steps and heads across the yard to his parked car, crossing the majority of the UNMOWED grass and the sidewalk without problem. On the city strip of grass between the walk and street which also was completely grown over in weeds, he stepped into a sort of bare spot (perhaps to keep sand spurs or beggars lice from messing up his clothes). Suddenly he lunges forward catching himself short of a complete fall and stagger's into the street like he had been shot. WTF?

The bare looking spot he stepped in was once the home of a large elm? tree that had rotted. The city had cut it down but failed to grind the hollow stump. The tall grass was growing down inside and completely covered the thing so as to be invisible.

His catching himself put a major strain on his back, and two disc's were blown out in his back. Even this was in slow-mo as he finished his errands and returned home feeling only a "muscle strain". It wasn't until nature called at about 3 am that he discovered that he COULD NOT get himself out of bed!  

City got sued for $10,000 dollars + court and attorney costs.


OCKLAWAHA

[ChriswUfGator]

Well from the OP the security guard didn't give any details, just said that people were suing the company for falling on their sidewalk.  Sounds legitimate to me, I am sure the company briefed the security guard on at least that much, why would the security guard come up with such a story and why would the company have the security try to get people to walk on the city sidewalk otherwise?  There is no denying that there are enough uncouth people to make a story like that happen.

Now I echo everyone on here, if there was some direct factor that contributed to those people falling that could have easily been avoided and resulted in some injuries that cost time and money and perhaps emotional damage, then a lawsuit could be in order.  I somehow doubt that is the case.

And Stephen, not speaking with doctors in my family, but all my other doctors, most of whom were in favor of the healthcare overhaul (I don't get that) all agree that tort reform is probably the most important way of getting major costs down, and tort reform was nowhere in the bill.  I have 3 doctors in Atlanta who are all at least moderately liberal (one is gay, one is a woman from Brooklyn, one probably just feels bad that he makes so much money and is therefore in favor of higher taxes, all demographics that are highly liberal), and they all tell me that lawsuits just kill the industry and doctors.  The simplest reform needed is that the loser of a class action lawsuit should be forced to pay remediation/all legal fees for the defense party.  That alone would deter many of these unproven "cerebral palsy from vaginal canal birth" claims, etc that lead to most doctors forcing C-Sections because they are afraid that if they perform a normal birth and the baby happens to have cerebral palsy they will be sued out of their profession.

Insurance costs for a C-Section are wayyy higher than a normal birth for the operation part, but malpractice insurance for both is significantly high because of risk of lawsuit for normal birth and risk of something going wrong in operation for C-Section.  Therefore nobody except for lawyers (John Edwards in this particular case) and their clients wins.  Everyone else loses big time, and just imagine how many lawsuits there are.

Come on, if you are who I suspect you are, then your Dad's a friggin' eye doctor...just how much do you possibly have to worry about all these "frivolous lawsuits"? Gimme a break, if he put in the wrong prescription they just bring it back and put in the right lens. Oh my god someone stop the insanity...

In Florida we already have FS 57.105, you get clipped with costs & fees for filing lawsuits without merit. "Frivolous" litigation is a non-issue in Florida, it's just a media tool the medical lobby focused in on to try and lower their own insurance costs. I'm sick of everyone acting like that isn't a blatant money ploy, because it is.

And if that sleazy ploy actually works, then just how fair would it be when the 3% of doctors that comprise 90% of all medical malpractice continue amputating the wrong legs, or leaving foreceps inside the patient after closing? What are you going to tell them, "Oops...better luck next time, don't feel bad about that whole not being able to walk thing, at least I saved $1k on my insurance premiums last year!"? That sounds fair...

You guys need to stop watching so much FOX News...

[buckethead]

It almost sounds like people should be allowed to seek their own best interests.

You guys are becoming more libertarian by the minute.

[simms3]

Come on, if you are who I suspect you are, then your Dad's a friggin' eye doctor...just how much do you possibly have to worry about all these "frivolous lawsuits"? Gimme a break, if he put in the wrong prescription they just bring it back and put in the right lens. Oh my god someone stop the insanity...

Dad's not a doctor and there is no way I would ever disclose who I am on a public forum.  The advantage of a forum is that your identity is hidden.  I think if there were less personal attacks against various people on the forum people might be more inclined to start being more sociable outside the realms of the computer (I know some people meet up, but it could be a lot more).

Also it is estimated that 25% of practicing physicians are sued annually and upwards of 65-70% of doctors have been sued at least once in their practicing lifetime.  Sometimes thats enough to put a doctor out of business for good (which agreed that if it's a legit suit then that is a good thing!), but it is also enough to completely discourage talented young minds from pursuing med school and then residency and then becoming a doctor if the cost is going to continue to be so great even after their schooling.  There is a fine line and waayyyyy back in the day consumers got little or no pretection and now it's the flip where businesses and service providers get little or no protection.  Did you hear about the lawn mower suit where one guy sued for the mower being too heavy and another guy in another state at the same time sued for the lawn mower being too light and both won?  OK!!  LoL

Only 0.3% of practicing physicians had 10+ suits filed against them from 1990-2003 with 68.6% only having 1 suit filed against them in the same time.  0.8% received 10+ adverse action suits against them in the same time frame while 43.6% received only 1.  The vast majority of doctors are great at what they do, but the majority of doctors still get sued at least once.  It's easier to sue a doctor than it is to sue a company that puts you in physical danger (albeit those companies have contracts that limit their liability, but doctors cannot get that same contractual agreement for obvious reasons).  I always defend doctors because I think as a group they are some of the kindest people, doing real good truly socially conscious work, more often than most other groups sticking to the straight and narrow and keeping their noses to the ground, but they are so often demonized and for what reason I have no idea...maybe because they usually make a good chunk of change when all is said and done?  Of course that is after they spend a fortune to get a decade's worth of extra schooling all whilst not making a dime, and then they usually have to spend another decade paying back loans, and then they can make money.  Oh did I mention they are on call 24/7?  I don't think they are the bad guys...sorry Chris.

[ChriswUfGator]

How about some sources for this malpractice data?

And, FWIW, most all the people I know on this forum also know me in real life. This forum is unique in that regard, MJ actually holds weekly meet & greets at 3 Layers which are generally well-attended, including by myself. I think you'll find that most of us online know each other in real life. This isn't your typical anonymous discussion board.

[ChriswUfGator]

Stephen, while you do have a lot of outside readers passing through that treat this as a news site, when it comes to the forums I think it's fair to say most of the regular posters on here know each other, know of each other, or at least know who everyone is. Kind of like a big sometimes dysfunctional family.