Page 62 of 111 FirstFirst ... 1252606162636472 ... LastLast
Results 611 to 620 of 1109

Thread: Burglar's family awarded $300,000 in wrongful death suit

  1. #611
    Sage
    Ikari's Avatar
    Join Date
    Dec 2006
    Location
    Colorado
    Last Seen
    12-08-17 @ 01:05 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    54,124

    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    Well, again, I don't think it's irrational to expect a company to make a minor modification to save 70 of its customers per year from suffering third degree burns.
    It's not unreasonable, I in fact claimed they should have. I also said that had I been on the jury I wouldn't have completely absolved McDonald's. But the percentages at play here show that it's not solely McDonald's fault; there is a lot of user error that went into it. Thus the plaintiff shares a good portion of the blame. That would have been the rational decision.

    Quote Originally Posted by AdamT View Post
    It's funny how in this thread you are running down a jury as a collection of gulluble sops, while simultaneously arguing in another thread that a jury that ignored the law was a fundamental building block of our society.
    I believe it's the same thread. And both are true to a degree. Jury nullification is very important and was readily accepted and used in our past. It's a necessary check on the power of governments. However, our jury system has been corrupted by lawyers and designing men set against the rational and thinking jury and pressing more for emotional reactionary juries. The individuals who make the jury up can be instructed differently, we could not allow scheming lawyers to sway our judicial system through preferential picking of jurors. We could, rather, enforce the fact that the jury is an important piece of the judicial branch, that they must remain logical and without emotion to weigh both case and law and decide best for justice.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  2. #612
    Sage
    AdamT's Avatar
    Join Date
    Jul 2011
    Last Seen
    02-13-13 @ 04:09 PM
    Gender
    Lean
    Undisclosed
    Posts
    17,773

    Re: Burglar's family awarded $300,000 in wrongful death suit

    AFAIK nothing has changed in the jury system. It works more or less the way it's supposed to work. Not perfect, but nothing ever is.

    You may know this already, but the jury in the McDonalds case found the plaintiff 20% at fault.

  3. #613
    Sage
    Guy Incognito's Avatar
    Join Date
    May 2010
    Last Seen
    12-02-17 @ 07:43 PM
    Gender
    Lean
    Libertarian
    Posts
    11,216

    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    You may know this already, but the jury in the McDonalds case found the plaintiff 20% at fault.
    That infamous McDonald's lawsuit is actually a sound decision. If people would just read the case and try to understand the law they would see how reasonable it is. Instead, they rely on media caricatures of the PI suits and blow everything out of proportion. Tort law is one of the few aspects of out legal system that is fair and just, and it is that way because of a thousand years of common law. "Tort reform" is a joke; tort law is fine the way it is. It's when people start to fool with it through legislation damage award caps that the problems start.

  4. #614
    Sage
    Ikari's Avatar
    Join Date
    Dec 2006
    Location
    Colorado
    Last Seen
    12-08-17 @ 01:05 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    54,124

    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    AFAIK nothing has changed in the jury system. It works more or less the way it's supposed to work. Not perfect, but nothing ever is.

    You may know this already, but the jury in the McDonalds case found the plaintiff 20% at fault.
    Then McDonald's should have paid 80% of her bills/lost wages, nothing more. Though even then, that's higher that what the truth is. I would say McDonald's was at most 40% at fault.
    Last edited by Ikari; 08-30-11 at 08:31 PM.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  5. #615
    Sage
    Ikari's Avatar
    Join Date
    Dec 2006
    Location
    Colorado
    Last Seen
    12-08-17 @ 01:05 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    54,124

    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    AFAIK nothing has changed in the jury system.
    How they are instructed has most certainly changed. How they are designed has changed as well. The data basing, information gathering, and engineering of juries has become a near art form in our current system.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  6. #616
    Jedi Master
    Captain America's Avatar
    Join Date
    Feb 2006
    Location
    Wisconsin
    Last Seen
    Yesterday @ 06:27 PM
    Gender
    Lean
    Centrist
    Posts
    18,671

    Re: Burglar's family awarded $300,000 in wrongful death suit

    How did the jury compute the burglar's potential earnings? Do good burglars make more money than crappy one's? One thing for sure, this P.O.S. burglar ain't gonna steal another dime. I hope the gun lobbies and organizations come to these people's rescue and pays their fine. I'll donate.

    A good burglar is a dead burglar. Break into my house and see what I got for ya!

    Last edited by Captain America; 08-30-11 at 08:37 PM.

    It's GREAT to be me. --- "45% liberal/55% conservative"
    Diplomacy is the art of saying 'nice doggy" until you can find a gun.

  7. #617
    Sage
    Ikari's Avatar
    Join Date
    Dec 2006
    Location
    Colorado
    Last Seen
    12-08-17 @ 01:05 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    54,124

    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Captain America View Post
    Break into my house and see what I got for ya!
    Is it chocolate? Oh, I hope it's chocolate!

    *breaks into Captain's house looking for chocolate*
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  8. #618
    Sage
    Guy Incognito's Avatar
    Join Date
    May 2010
    Last Seen
    12-02-17 @ 07:43 PM
    Gender
    Lean
    Libertarian
    Posts
    11,216

    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Ikari View Post
    Then McDonald's should have paid 80% of her bills/lost wages, nothing more. Though even then, that's higher that what the truth is. I would say McDonald's was at most 40% at fault.
    You say that based on what? Reading a news article about the case? How many degrees removed from the facts of the case are you?

    The fact is that nobody is better equipped to decide these things than the jury who hears the case. Certainly not somebody who is unfamiliar with the facts.

    A libertarian should be embracing tort law, not opposing it. Torts are the very definition of personal accountability. It's only when the government comes in and starts to monkey with a thousand years of common law that things become problematic and ultimately unjust.
    Last edited by Guy Incognito; 08-30-11 at 08:34 PM.

  9. #619
    Jedi Master
    Captain America's Avatar
    Join Date
    Feb 2006
    Location
    Wisconsin
    Last Seen
    Yesterday @ 06:27 PM
    Gender
    Lean
    Centrist
    Posts
    18,671

    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Ikari View Post
    Is it chocolate? Oh, I hope it's chocolate!

    *breaks into Captain's house looking for chocolate*
    You don't have to break in Ikari. You're invited.

    "Come on a my house, my house, a come on. I give you candy."


    It's GREAT to be me. --- "45% liberal/55% conservative"
    Diplomacy is the art of saying 'nice doggy" until you can find a gun.

  10. #620
    Sage
    Ikari's Avatar
    Join Date
    Dec 2006
    Location
    Colorado
    Last Seen
    12-08-17 @ 01:05 AM
    Gender
    Lean
    Libertarian - Left
    Posts
    54,124

    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Guy Incognito View Post
    You say that based on what? Reading a news article about the case? How many degrees removed from the facts of the case are you?

    The fact is that nobody is better equipped to decide these things than the jury who hears the case. Certainly not somebody who is unfamiliar with the facts.

    A libertarian should be embracing tort law, not opposing it. Torts are the very definition of personal accountability. It's only when the government comes in and starts to monkey with a thousand years of common law that things become problematic and ultimately unjust.
    I never said to abolish tort or reform tort. I said it would be best to keep it reasonable and logical. How to you excuse gross payments well beyond the monetary value of damage inflicted? The courts, BTW, are part of government. It's not like government is absent here. If I cause 1000 dollars of damages to you, how can you justify a 100 million dollar settlement? Is that within "libertarian" philosophy and mindset? I could see maybe 10000 if it was grossly negligent on my part; but McDonald's wasn't grossly negligent. It just wasn't a large enough value to trigger market response. Now you can say you can artificially make it a large enough value via civil lawsuit; but when is "large enough" large enough?

    We've lost reason within the court system, and that is not a good thing. No matter which way you slice it.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

Page 62 of 111 FirstFirst ... 1252606162636472 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •