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Date: Sat, 26 Aug 2006 15:14:52 -0400
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From: <dskeele@bellsouth.net>
Subject: Re: [LML] Re: Tort
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Mark,
  Great solution.. How do we as individuals put into law ??  Ok- lets hear it from the other side....if there is one..   
Don Skeele> N320J 
> From: "Marvin Kaye" <marv@lancaironline.net>
> Date: 2006/08/26 Sat AM 10:45:02 EDT
> To: "Lancair Mailing List" <lml@lancaironline.net>
> Subject: [LML] Re: Tort
> 
> 
> 
> Posted for "Mark Sletten" <marknlisa@hometel.com>:
> 
>   Brent,
>   
>   I too have thought long and hard about product liability laws. It's far too
>   easy in our litigious society to force honorable, competent people out of
>   business for the sake of personal gain.
>   
>   My response has been to suggest a system such as that used in the UK - loser
>   pays. It's pretty simple really; the loser of the case pays all the costs of
>   litigation.
>   
>   It would be a self-regulating system. Lawyers considering a contingency case
>   will think long and hard before bringing a weak/frivolous suit if they know
>   they will pay the other team when they lose. In our current system there's
>   nothing to lose except their time.
>   
>   Likewise, lawyers of defendants with weak cases (i.e. it truly IS a faulty
>   product) will strongly consider settlement to avoid additional costs. This
>   makes it easier for those truly injured by a faulty product to recoup loses.
>   In the current system, the lawyer gets at least a third of any settlement -
>   I can see an individual negotiating his/her own settlement without legal
>   representation under "loser pays." Probably why US lawyers are terrified of
>   it...
>   
>   Either way, the number of cases actually going to court would surely
>   diminish!
>   
>   Mark
>   
> 
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