Loser pays...tort reform in Texas.

kokonut

kokonut

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Oh yeah....

Two women get into a fight in the ladies’ restroom at a restaurant. Afterward, they sue the restaurant owner, claiming someone should have been in there to break up the fight. It costs the small-business owner $2,000 to pay each plaintiff to drop the complaint, which was cheaper than fighting the lawsuit would have been.

This completely ridiculous story is true, and the restaurant owner was one of us, Mr. Norris. Fortunately, the lawsuit didn’t cripple the family restaurant, Woody’s Wharf in Newport Beach, Calif. But nationwide, groundless lawsuits strain businesses’ bottom lines and threaten their very survival.

This week, Texas Gov. Rick Perry signed a law that will help free Lone Star State businesses from the threat of frivolous lawsuits by enacting “loser-pays” tort reform. Prior to the legislation, litigants faced a no-lose situation, while defendants stood to lose everything—even for the most outrageous, bizarre and wrongful accusations.
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Chuck Norris and Stephen DeMaura: A Texas Roundhouse for the Trial Lawyers - WSJ.com

Frivolous lawsuits...tsk. That is if the jurists come to the conclusion that the plaintiff was making things up just to pocket some quick cash then he/she pays for the court costs which frees up cost to the taxpayers and the victim...that is the defendant.
 
Ummmm....are you referring to jurors?

How does "looser pays" free up the cost to the taxpayers?
 
"Loser pays" might make those who want to initiate frivolous lawsuits think twice, and change their minds. That way, there won't be so many frivolous cases clogging the courts and using up court resources.
 
It might, but probably not. Tort reform hasn't really been shown to reduce the number of lawsuits.
 
Reba said:
"Loser pays" might make those who want to initiate frivolous lawsuits think twice, and change their minds. That way, there won't be so many frivolous cases clogging the courts and using up court resources.
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Exactly. Abuse of that nature has gone on much too long.
 
My problem is that I am not sure it will stop frivolous lawsuits as long as they are allowed in the first place, and certainly not as long as people keep on winning them.

I don't know about the juries in Texas, but in California the two gals would probably win because the owner of the bar did not realize he was supposed to be their daddy man. Or didn't act quickly enough. After all there is no reason for two adults to act responsibly if there is someone else around to blame.

This is the state where you can sue a store and win because they allowed you -- the parent -- to let your child stand up in a shopping cart and fall out.
 
Berry said:
My problem is that I am not sure it will stop frivolous lawsuits as long as they are allowed in the first place, and certainly not as long as people keep on winning them.

I don't know about the juries in Texas, but in California the two gals would probably win because the owner of the bar did not realize he was supposed to be their daddy man. Or didn't act quickly enough. After all there is no reason for two adults to act responsibly if there is someone else around to blame.

This is the state where you can sue a store and win because they allowed you -- the parent -- to let your child stand up in a shopping cart and fall out.
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What ever happened to personal responsibility? We don't need tort reform...we need societal reform.
 
jillio said:
What ever happened to personal responsibility? We don't need tort reform...we need societal reform.
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Exactly!

Everyone should be held responsible for their own actions -- Including the criminal who sprains their ankle tripping over an electrical cord while burglarizing your house. You do NOT have a duty of care to protect them.
 
Hence, the reason why we need tort reform. They mess up on bringing in a frivolous lawsuit, they pay for it. Just making sure they'd be held responsible for their own actions.
 
kokonut said:
Hence, the reason why we need tort reform. They mess up on bringing in a frivolous lawsuit, they pay for it. Just making sure they'd be held responsible for their own actions.
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We don't need tort reform. We need to reform society from the "blame everyone but myself" attitude that has become so prevalent.
 
I wish more judges would throw frivolous lawsuits out more often than they do. Upside for the judges is that they will have more time to play golf! :lol:

Downside is, lawyers will go broke because now there's no cases to be won.
 
Dixie said:
I wish more judges would throw frivolous lawsuits out more often than they do. Upside for the judges is that they will have more time to play golf! :lol:

Downside is, lawyers will go broke because now there's no cases to be won.
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I don't think they're in any danger of going broke.
 
From Houston.....

This is going to be a problem. You see, there are nothing but losers in Texas!
 
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