Prof. Stephen Bainbridge, writing at his site the evening before last:
I had a slip and fall at a restaurant tonight after Christmas Eve dinner. (No. It’s not what you’re thinking. I had only had two beers. It was dark and the step was hard to see.) The manager freaked and then double freaked when I mentioned I was a lawyer. My first thought was “payday!” Mega-settlement baby.
But my second thought was that it was just a scraped knee and injured pride. And then my third thought was about all those nasty things I’ve said about trial lawyers over the years. And then my fourth thought was that I’d end up as a story on Walter Olson’s Overlawyered blog! And my final thought was I’d never be able to hold my head up around my tort reform pals again!
So I’m just going to put some ice on it and forget about it.
11 Comments
There is a huge difference between inflating a dubious claim into a windfall payday and being compensated for the damages that are caused by someone else’s negligence.
“So I’m just going to put some ice on it and forget about it.”
As he should. As we all should.
Thanks to Walter Olson for his work.
Well, Prof. Bainbridge did end up as a story on Walter Olson’s website and achieved the best of the four thoughts that passed through his mind. With Mr. Olson’s help, Prof. Bainbridge becomes an exemplar of right thinking. Hope others follow his example.
I don’t have a problem with just compensation for an injury caused by someone else’s negligence.
I have a problem with liability being extended far afield in cases where the injury is caused by the criminal act of third party, yet the party sued is the party who was unlucky enough to have the act performed on his/her property.
@Richard Souther,
True, but more personal injury lawsuits fall into the former category than fall into the latter.
@MattS,
I know. I am a personal injury defense attorney and see more than my share of “I was in an accident, where do I collect my million dollar award” cases. However, a good majority of the attorneys I deal with only handle legitimate injury cases and have a realistic view on the value of the claims.
Based on Prof. Bainbridge’s brief description, there could be a legitimate personal injury claim if the injury turns out to be more than “just a scraped knee and injured pride.” He should not let his opinions regarding tort reform prevent him from presenting a valid injury claim.
Speaking of which, what ever happened to Robert Bork’s lawsuit against Yale for injuries resulting from his fall on approaching a podium?
Settled, see May 2008 post:
http://overlawyered.com/2008/05/update-bork-settles-with-yale-club/
2008! wow, i cant believe I have been reading this site that long!
Richard Souther …
A small edit: “I was in an accident, where do I collect my million dollar reward?”
I hope he’s joking. Who has this as their first thought? These lawsuits are expensive because medical bills are expensive. If you don’t have big medical bills, you don’t get a big payout; and if you DO have big medical bills, that’s where the payout is going. If it’s a settlement and not a trial, you’re likely getting a discounted amount, too.