I thought it was important to share this with the regular readers (or new ones) of this blog. I don’t have much to say about it; it serves as a reminder to all who seek justice that anyone can argue anything, as long as there is an audience that believes in the nonsense being proposed. In this instance, the so-called Institute for Legal Reform (simply, an anti-justice organization looking to restrict the rights of average injured or disabled citizens to seek compensation for their injuries or disabilities in the civil justice system) has published an article entitled “Is Lawsuit Abuse Threatening Your Child’s Education?”
Essentially, the absurd position taken in the article is that fear of lawsuits is eliminating school recess and causing the removal or playground equipment from America’s schools. However, even a video that is the centerpiece of this article admits that safety (or lack of it) is one reason behind this so-called phenomenon.
While some opine that there are multiple reasons that schools are removing recess from their schedules (one example is to do more teaching of the tests required by No Child Left Behind), those reasons really beg the safety question, so do the constant attacks on the civil justice system. Attacking litigation, and, by implication, trial lawyers and litigants is currently popular (unless, of course, you are the one who is injured or disabled), but I have to ask: Will common sense ever prevail? My friend, Jan Brandon, a Michigan trial attorney said it best: “You have to wonder if they ever considered the alternative of just making things safe to begin with.”
Profound? Absurd? Industry could avoid lawsuits by, simply, making things safe? What a novel concept! So, the next time you see an article like this, instead of immediately attacking the litigant or the litigation, ask whether the individual or company being sued could have provided its product or service with safety measures that would have prevented the incident from occurring in the first place. Does that sound fair?
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