The following is the final chapter of my text, Don’t Get Sued! A Guide to Help Reduce Your Business’s Exposure to Lawsuits:
Frivolous Lawsuits Are the Exception, Not the Rule
Try not to live in fear of frivolous lawsuits. You read and hear a lot in the media about silly lawsuits and inflated verdicts. In truth, those cases are aberrations from the norm. In fact, when you dig deeper into the cases that draw heavy attention, the full story usually looks very different. Consider the well-known dry cleaner case. There, a judge sued a dry cleaning store owner, without a lawyer, after the store lost his suit. The dry cleaner offered to settle for far more than the suit was worth, yet the plaintiff pressed on. Eventually the matter went to trial, and the dry cleaner prevailed. The judge later lost his position, and counsel for the dry cleaner sought to recoup some of the defendant’s costs, including legal fees.
A Closer Look at the McDonald’s Coffee Case
The McDonald’s coffee case offers another example. There, very hot coffee spilled on a woman and caused serious burns, and the case went to trial. A large verdict followed. As usual, more lies beneath the surface. According to jurors, they became convinced that the coffee exceeded industry standards, and that the company had ignored earlier warnings about the problem. The jury therefore felt that punitive damages were necessary to get the attention of the large corporation. In the end, the case resolved for far less than the original publicized verdict.
Why the System Discourages Meritless Claims
Finally, those who fear a lawsuit should understand how the system works. Personal injury attorneys, like me, typically do not earn a fee unless they obtain a recovery. Naturally, I do not take cases that would be difficult to prove, or where the client is not really injured, or both. I do not want to waste my time, and other plaintiff’s attorneys generally apply the same care. Furthermore, the law gives certain counterclaims to a person who someone wrongfully sues, including a claim for abuse of process.
If an injury affects you, our experienced personal injury lawyer and wrongful death lawyer are available for a free consultation.
