So, now we have our first class action on the State Fair accident. Gary Welsh at Advance Indiana has some good thoughts on the press release by Cohen & Mallad.
Cohen & Malad says it is waiving its fees against the state so “more of these limited funds can go towards covering the real economic losses of those affected by this tragedy.” The applicable word here is “affected” as opposed to injured. Yeah, I was deeply affected watching the twin towers live on TV come crashing down after two jet airliners were crashed into them by terrorists, but I didn’t suffer the real injuries of those who lost loved ones or suffered life-threatening injuries from the terrorist attack. By seeking recovery for the thousands of people who merely witnessed the tragic event, this lawsuit actually harms the real victims–the dead, the injured and their surviving loved ones.
The firm seems to be trying to sweep up the litigation in this, not just for those actually, physically injured, but also for those who just, more or less, had a bad day because they saw some bad stuff. What was it, 10 days ago?
Doug, and condemnation of plaintiff lawyers on this matter damn sure should also acknowledge the impact of the $5million cap “per occurrence” that the more than 50 victims are left to divide. Right?
We could go back to pure sovereign immunity.
I guess I have a hard time getting too worked up about the cap when I’ve seen lots of people hurt in situations where there is no liability or when the damage is done by someone without any money. It might be one more case of injustice, but it’s hardly the most egregious.
I may have missed something but the suit in question appears to be against both the state and private companies. “Sovereign immunity” applies only to the state. Does the tort statute with the $ 5 million cap apply to tort actions against non-state entities?
As a non attorney but having worked in education for over 35 years plus worked with various businesses and organizations (including fairs and festivals), just increasingly concerned as the liability issue seems to keep growing. Have experienced people not wishing to serve as paid or unpaid participant due to concern over the issue of “what if” liability claims. The idea of “file a lawsuit” when in any manner a person (or group) puts forth idea of being wronged or impacted by an event. Two thoughts: why is a large number of TV and other media advertisement consists of attorneys seeking to handle your liability claim; why does there exist a philosophy when something happens it is always preventable (within common sense parameters) thing thus someone is guilty of negilence.
I saw the fair incident over and over on TV and computer, I have been where the accident happened, I feel very sorry for all involved (including fair officials), etc. therefore do I have a legitimate claim for financial compensation from someone???????
If the attorney will tell me it will cost nothing for their services if I do not win–should not the attorney and I stand responsible for ALL costs associated with the claim if it fails to get a ruling in my favor?????
In fairness to the Plaintiff’s personal injury attorneys, Jack, they’re not in the business of losing money. If your claim is a loser, most of them aren’t going to take it. Though, there are some who will probably take it to see if they can get nuisance value out of it — hope the insurer will pay something rather than bother litigating it.
But, if you do take a case, it’s pretty much axiomatic that, if your client is injured, someone with money was necessarily negligent.
Agree with you Doug, but through the years have been involved in activities where the letter from the attorney (will state that I am in the area close to the big office of an attorney from Bloomington, In) threatens all kinds of things. And understand that if the insurance company will simply settle for some amount (in one case the offer was for $50,000) just to have the case go away and, I guess, figured it was easier to settle than to have all the cost of handling the legal work. In this particular case about a dozen plus persons were listed in lawsuit, a business, town government, and county government, plus an organization so it was a wide sweep any deep pocket lawsuit. Understand all have legal rights but just sometimes get concerned with what our legal system gets bogged down trying to handle and the concerns of those named in the lawsuits without having any understanding of the system.
Jack, I have at least 30 notices of tort claim from Ken Nunn sitting in my file cabinets right now. I know exactly what you’re talking about.