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  • Essay / Frivolous Lawsuits - 2876

    Do you remember the lawsuit against the woman who ordered McDonald's coffee, spilled it on her lap, and sued McDonald's because it didn't have a label on it? warning on it? What about the woman who fell into the mall fountain while texting and wants to sue the mall? These lawsuits may seem quite far-fetched. They fall into the category called frivolous. Black's Law Dictionary defines frivolity as lacking legal basis or legal merit; not serious; not reasonably useful (Garner, 2006). When people file lawsuits like this, it costs money. “The civil justice system is plagued by high 'transaction costs,' meaning that it is both costly and time-consuming to use the courts to resolve disputes” (Ruschmann, 2006, p. 60). Frivolous lawsuits should not be taken seriously. People shouldn't get money for things they themselves caused, and it shouldn't cost the courts and consumers time and/or money. There are many steps to take once you decide to take legal action. Many Americans suffer injuries, but only a small percentage of them file a lawsuit because many of them have valid claims but have little money. Sometimes when plaintiffs, that is, the person filing the suit, go to trial, there is a lot of money to spend up front. “Accepting an important file for a contingency fee and advancing all remaining costs is a very expensive proposition” (Bourhis, 2005, p. 76). Lawyers created the contingency fee system. This is where “a lawyer undertakes to take on a case without money up front and without requiring the client to pay an hourly or fixed rate. In exchange, the lawyer is entitled to receive a percentage of the actual amount collected, usually 33 percent, but sometimes 40 percent if ...... middle of paper ...... he perceived a potential significant payment. Three percent of product liability trials involved toxic substances, including tobacco. Three tobacco product liability lawsuits were resolved in a national sample in 2005. All three lawsuits were decided by juries that found in favor of the defendants. Toxic substances were associated with 346 of 354 product liability lawsuits (Cohen, 2009). Tort reformers believe that courts must reduce defendants' capacity for liability in order to avoid economic decline. In the coming years, proposals likely to spark the greatest conflict include malpractice and class action reform, limitation of non-economic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006) . There are many lawsuits. But these frivolous lawsuits should not be taken seriously and should not cost our courts and citizens time and/or money..