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From: John_H on 1 Jun 2010 05:44
Brad wrote:
>
>I spent quite a few years investigating claims on behalf of several NSW
>councils.
>
>I ended up with the feeling that the majority of people that injured
>themselves in public places tried to sue the local council. Judging from the
>sheer number of claims, and tenuous reasons they came up with to point the
>blame there.

The main reason people sue is because councils, and others, are
insured against legal liability. Furthermore there's no avenue for
redress by any other means... if they don't sue they'll get SFA no
matter how culpable the council, or others, might be. Insurance
companies don't mind because they can adjust their premiums to cover
the payouts as well as the legal costs and still show a profit.

Same goes for third party insurance (which is actually legal liability
insurance).

We're no less a litigious society than the US is, and for similar
reasons. What's the alternative?....

--
John H
From: tipsy on 1 Jun 2010 05:45
On Tue, 1 Jun 2010 14:57:49 +1000, "Dan---" <hsvtourer(a)hsv.co.uk.com.au> wrote:

> http://www.news.com.au/technology/woman-hit-by-car-sues-google-over-directions/comments-e6frfro0-1225873948651
>
> I bet their dictionaries start with the letter S and the first word Sue.

The Americans are the most stupid race on the planet.

From: hippo on 1 Jun 2010 06:18
tipsy(a)beerlover.com.au wrote:
>
> On Tue, 1 Jun 2010 14:57:49 +1000, "Dan---" <hsvtourer(a)hsv.co.uk.com.au>
wrote:
>
> > http://fat.ly/mjnt0
> >
> > I bet their dictionaries start with the letter S and the first word Sue.
>
> The Americans are the most stupid race on the planet.
>
>
>

I beg to differ. Visiting Aliens are at least temporarily on the planet
and all they do is investigate *cows* for Heaven's sake!

--
Posted at www.usenet.com.au
From: Brad on 2 Jun 2010 02:37
John_H wrote:
> Brad wrote:
>>
>> I spent quite a few years investigating claims on behalf of several
>> NSW councils.
>>
>> I ended up with the feeling that the majority of people that injured
>> themselves in public places tried to sue the local council. Judging
>> from the sheer number of claims, and tenuous reasons they came up
>> with to point the blame there.
>
> The main reason people sue is because councils, and others, are
> insured against legal liability. Furthermore there's no avenue for
> redress by any other means... if they don't sue they'll get SFA no
> matter how culpable the council, or others, might be. Insurance
> companies don't mind because they can adjust their premiums to cover
> the payouts as well as the legal costs and still show a profit.
>

The councils I worked for were all self insured. So everything was a cost.
(cheaper than insurance still though)


> Same goes for third party insurance (which is actually legal liability
> insurance).
>
> We're no less a litigious society than the US is, and for similar
> reasons. What's the alternative?....

Oh no I agree. Aussies are very prone to sue if the can too.

The alternative? I guess brainwashing us with more feelings of personal
responsibility.

--
Brad


From: John_H on 3 Jun 2010 04:03
Brad wrote:
>John_H wrote:
>> Brad wrote:
>>>
>>> I spent quite a few years investigating claims on behalf of several
>>> NSW councils.
>>>
>>> I ended up with the feeling that the majority of people that injured
>>> themselves in public places tried to sue the local council. Judging
>>> from the sheer number of claims, and tenuous reasons they came up
>>> with to point the blame there.
>>
>> The main reason people sue is because councils, and others, are
>> insured against legal liability. Furthermore there's no avenue for
>> redress by any other means... if they don't sue they'll get SFA no
>> matter how culpable the council, or others, might be. Insurance
>> companies don't mind because they can adjust their premiums to cover
>> the payouts as well as the legal costs and still show a profit.
>
>The councils I worked for were all self insured. So everything was a cost.
>(cheaper than insurance still though)

Can they still do that?... I would've thought public liability
insurance would be mandatory by now. Certainly councils insist that
anyone they do business with has it (to the tune of $20M last time I
had dealings with one).

>> Same goes for third party insurance (which is actually legal liability
>> insurance).
>>
>> We're no less a litigious society than the US is, and for similar
>> reasons. What's the alternative?....
>
>Oh no I agree. Aussies are very prone to sue if the can too.
>
>The alternative? I guess brainwashing us with more feelings of personal
>responsibility.

I'd suggest that very few people are going to accept responsibility
for a costly injury when they can claim against a "fund" they see as
being set up for the purpose. If they can afford to sue they will
(and there's no shortage of lawyers who operate on a "no win no fee"
basis for those who can't).

If everyone took responsibility for their own actions there wouldn't
be any need for CTP (compulsory third party) but even the law accepts
that large numbers won't voluntarily insure themselves.

Of course the law doesn't want to take any responsibility either,
which is why is we've got CTP. :)

--
John H
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