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To: gridlock
Say I am a disreputable businessman who negligently puts the public in danger....

Not to be picking holes in your coat, but a disreputable businessman would deliberately, not negligently, put the public in danger with his product. Why so I can't imagine, since it is a very bad business plan to kill all your customers.

...If some legitimately injured person wants to file suit, I can expose them to tremendous losses simply by hiring a lot of high-priced legal talent to defend myself.

If said businessman really did make a product that injured and/or killed those who use it you probably wouldn't be in business long enough to make any kind of war-chest you would need to cover legal costs.

Because if the Feds, your insurer, your lenders, etc. did pull the pull on you PDQ, the fact that your company has ZERO sales of your produce -- for who would buy it once it became know that your product scars/kills those who use it? -- would do the trick.

If I can spend $50,000 on lawyers, and expose the plaintiff to that kind of a loss, I can discourage an awful lot of legitimate claims.

In Cloud Cuckoo Land maybe, but not in the here-and-now. Besides, $50K on lawyers? That's it??

15 posted on 02/06/2004 7:31:13 AM PST by yankeedame ("Oh, I can take it but I'd much rather dish it out.")
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To: yankeedame
I didn't mean for people to get hung up on the particulars of my example. The Krusty the Clown bit was just my attempt at being cute.

But there are a lot of people out there who cut corners and put people in danger in order to save a buck or just out of sheer carelessness. The people injured by these people have a legitimate right to sue and be compensated for their injuries.

In a "loser pays" system, one can discourage lawsuits against oneself by racking up high legal expenses and subjecting the other party to massive liability. The sky's the limit on how much you can spend on lawyers.

So the rich dude who can afford a lot of lawyers can grind the little guy into the dust. Now, I'm not one for the Class Warfare argument, but this is a practical consideration, isn't it?
16 posted on 02/06/2004 8:09:32 AM PST by gridlock (BARKEEP: Why the long face? HORSE: Ha ha, old joke. BARKEEP: I was talking to John Kerry!)
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