America's legal system has elevated the frivolous lawsuit to an art form, and unlike most artists, the ones that choose this mode of expression are compensated quite well. Why have we become globally recognized as the most prolific country in regard to these merit-less accusations?

Most countries have a different way of handling the expenses of these civil suits that are clogging our system. The norm is that if I sue you, Mr. Business Owner, for a slip and fall in your establishment,and I lose, I am responsible for the expenses of the trial. All of them, not just mine. I have to pay your expenses as well. That means that I am not likely to sue you unless I feel I have a pretty darn good chance of winning. This makes the potential of frivolity expensive.

Here in the U.S., if I am Mr. Business Owner and get sued, I have the expense of defending myself, even if I am successful. I am not compensated for having been used in an attempt at graft. That often leads to an out of court settlement that is cheaper than mounting a defense, even if I am in fact innocent. With this reality in place, bringing a suit that has very little basis in fact can be a lucrative process.

There is a woman who owns a lovely home outright on Long Island, NY, who paid for it and all the expenses of living by suing shopping malls. After crafting a "slip and fall" accident in the mall, she not only sues the mall itself, but also every store in the mall. Many of the businesses find it less expensive to pay a small out of court settlement than to pay to explain to the court how their store was over a hundred yards away from the incident and had no influence on the event in question whatsoever. If fifty stores pay her between one and two thousand dollars apiece, not to mention what the mall itself winds up paying her, the payday is rather significant.

Why do we do it so differently here in the U.S.? Because lawyers get paid when suits are brought to the system, and almost everyone in congress is a lawyer. Lawyers are one of the most powerful lobbying forces bringing influence to bear on the Hill, and so justice is not served. Lawyers are. You and I are fortunate to be allowed to pay for this payola. It is a scam that the world has long ago put in check, yet our representatives allow it to go on. Lawyers make the political machines run, and the payback is a hands off approach to tort reform.

Make ya proud to be an American, now don't it?

Learn more about this author, Bruce L. Eaton.
Click here to send this author comments or questions.

---

Add your voice

Know something about Reflections: Frivolous lawsuits in America?
We want to hear your view. Write now!