Alan;

I like what someone told me many years ago. “There is no such thing as an accident. Injuries are caused by carelessness”. I believe that is true. To say, “it was an accident”, is a good way to say no one is responsible for the injury of another. When you injure yourself or another person through stupidity you blame anyone but yourself.

Having insurance is a means of not taking responsibility for paying attention to what you are doing. If I have an “accident” my insurance will pay for it.

Tom


>Yes, having been (grimace) in the insurance industry the worst part of my adult life, I knew about the Lieback case, but I still think that since water boils at 212F, anyone who expects not to be burned by spilled fresh coffee is a fool. I know that normal drip style coffee makers make coffee at about 180F, but I still believe, and have always, that far too many people are the authors of their own misfortune, and are awarded money for their own stupidity. I am not convinced that the Lieback case was a sound judgement.
>
>On top of that, punitive damages are awarded as a 'fine' to make the negligent party sit up and take notice. Why that part of the award goes to the plaintiff is way beyond my simple mind. After the plaintiff is awarded real damages (even including 'pain and suffering'), receiving the punitive damage award on top is nothing more than a flat out bonus. Punitive damage awards should go to the court in the same way that any other fine does.
>
>Alan
>
>>Hi Alan,
>>
>>>Now can I sue Microsoft like smokers sue tobacco companies, or people who drive with hot coffee between their knees can sue McDonalds?
>>>
>>
>>The McDonald's Coffee Case: The Real Story -- http://thespleen.com/thelaw/whoscrewsubaby/index.php?artID=223