Smoking in France a thing of the past?

[Scrooge McSam]

Originally Posted by NirvanaMan

We have become a culture of entitlement.

Have we? I'm not so convinced. I see us as more "little guy vs big guy", with the level of justice received directly in proportion to one's ability to pay for legal representation. That is, of course, a gross oversimplification but I think it gets the point across. There are some little guys gaming the system, to be sure. Your "welfare queens", as coined by Mr. Reagan, would be an example. They disgust me. On the other side are our corporations, flush with cash, who practically write their own legislation. They disgust me.

Originally Posted by NirvanaMan

Our court systems are filled with frivolous cases. People win multi-million dollar settlements (at least initially) for spilling coffee on themselves. This is not the case with many other countries, including those that currently offer some flavour of government health care.

I would need to read more before engaging you on that point. I do find it hard to believe that the US is the only place one would find a frivolous lawsuit.

Originally Posted by NirvanaMan

It would take the combination of universal health care along with a society that supports and embraces the idea that common sense is non-existent for the hypothesis proposed by sceagles to come true.

Does our society embrace the idea that common sense is non-existant?

Originally Posted by NirvanaMan

Simply dismissing it as "fearmongering" is a bit silly in my opinion.

That's OK, no offense taken. As you and I frequently find ourselves on opposing sides of these kinds of arguments, it just means the world is still spinning.

The challenge still remains... I haven't seen this activity that scaeagles refers to. If you, or anyone else has, please enlighten me.

[Alex]

Originally Posted by Scrooge McSam

I would need to read more before engaging you on that point. I do find it hard to believe that the US is the only place one would find a frivolous lawsuit.

No, the U.S. isn't the only place where they happen. But the U.S. system is particularly conducive to frivolous suits in some ways. It is much more common in the rest of the world to be on the English Rule system where the loser of a civil suit to have to pay the legal fees of the winner. The American Rule (each side paying its own legal expenses regardless of outcome) is somewhat anomalous in the world. I believe it is still the case that the only major country in the world on the American Rule system is Japan and they charge court filing fees as a proportion of the claimed damages.

The English Rule removes the incentive for a defendant to settle simply because it would be cheaper than going to court (even if they're in the right). It also removes the incentive for lawyers to take fringe cases on contingency knowing that it only takes a certain percentage settling out of court (for the above reason) to come out in the black on the whole endeavor.

Massive class action suits are also more difficult to form in most other countries and caps on punitive damages are more common as well.

[Scrooge McSam]

Originally Posted by Alex

But the U.S. system is particularly conducive to frivolous suits in some ways.

Thank you, Alex.

I get your point, NirvanaMan.