A question concerning litigation

[N5ZX]

The American dream used to be "WHAT CAN I DO....to become successful?"

Regrettably, In the past 60 years it has become "WHO CAN I SUE... to get rich?"

Do we blame businesses for producing crap with known or probable liability issues and thus create the arguement of "Someone has to keep them in check."

Do we blame the plantiff "Victims" who seek as much compensation as they can possibly squeeze out of the respondant, because cash makes everything feel better....and it "deters shoddy workmanship (or engineering)"...theoretically. They're still making cigarettes....so that theory must have some holes in it.

Do we blame mercenary lawyers willing to sling rampant claims agianst the courts to see what sticks (or settles with "go away money")

Do we blame the courts for being reluctant to issue summary judgements and harshly penalize frivolous suits...or conversely for failing to follow through on prior judgements?

Do we blame the Federal Trade Commission that allows businesses to be structured so that no INDIVIDUAL is actually accountable and responcible for anything.....everything is a shell game and if the stakes get too big, you can always hide behind bankruptcy protection and become virtually untouchable.

Do we blame insurance companies who fight us tooth and nail for a TAX DEDUCTABLE pay-out for a windshield claim, but roll-over effortlessly to dole out settlement pay-offs...and continue to insure the respondent....because they keep paying their principal. No insurance...no protection...less risk-taking.

Or do we blame an apathetic polulation who doesnt give a (darn) cuz they dont think it effects them and are exponentially more interested in voting for the next IDOL than the next legislator.

In my humble opinion, the problems stems back about 60 years ago when rights started to be interpreted as entitlements. And the freedoms that should never be taken from anyone were twisted into monitary mardi-gras beads that were handed out for free.

I'm only 40. But I am saddened by the abundantly evident demise of America. The only salvation I can see is a much more rigid system that our "Sit-com hypnotized" populace would never tolerate. The sacrifices that our preceeding generations made are considered abominable...not heroic.

Consider for a moment a child that is given everything they want. We all know someones spoiled brat that just wants more and more and has no clue how to EARN anything. Now imagine that spoiled brat as a teenager....we all know one. Now imagine that spoiled brat as a parent....they're out there. Now imagine that spoiled brat as a legislator making the laws that govern us....despite our ability to think for ourselves and take responcibility for our own actions.

Sure, it can be argued that the safety mechanism that keeps that from happening is the supreme common sense of the voters....they'll save us. Unlikely.

In short, a person (or their attorney) needs "standing" to file suit. Defining that "standing" is an art in itself. Are they filing suit on behalf of the "victim"? On behalf of those physically injured? On behalf of the family for their loss, the insurance company or finance company for their loss? Or perhaps they are the noble sort that are suing to protect the general public from future hazards that may fall from the sky and kill them...or hurt them...or scare them...or in some way inconvenience them....and thus give them some future "standing"

Tort reform is a nice concept....But it only addresses a small part of the problem. And if you only muzzle one dog in the fight...all you do is give the other dogs a better bite. the "system" is a sloppy balance. the only solution is to keep ALL aspects even in the fight. And to do that, but still effect a meaningful change, you have to change how the individual perceives the world around them and what they should expect FROM it and FOR it. But so long as they have the hope of a courtroom lottery making them wealthy...the zombies will just keep pulling the lever and hoping for their jackpot.

The path of least resistance will ALWAYS win in the end. Simple physics applies to psychology (and sociology) as well.

At least thats my observation. I would be elated to be wrong.

Cole