Frivolous Lawsuits

Isobel - posted on 07/29/2010 ( 37 moms have responded )

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Do you think that the woman who sued the airline for a burst eardrum was frivolous? I don't. I imagine that it would have been immensely painful, and she will be permanently disabled because of it... and yes, if the child were that loud, the mother should have taken him/her to the bathroom (yes for the entire flight if need be).

The woman with the McDonald's coffee by the way had to have 3 reconstructive surgeries on her vajayjay because the coffee was not hot...it was nuclear. Yes she was stupid, but had she taken a sip right away her mouth would have been scarred as well.

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I know that some lawsuits are ridiculous (like the IKEA lady who sued after tripping over her own child) but not all the examples we use really are, IMHO...what do you think?

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Jessica - posted on 07/30/2010

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I could almost guarantee that it was NOT the screaming child that caused her eardrum to burst. That is absurd. Yes that lawsuit is frivolous.... seriously!!! I have absolutely no sympathy for these people. I mean, I'm sure the kid screaming on the flight was miserable. But there isn't much you can do in an airplane. Take your kid to the bathroom for the whole flight? Seriously? Have you been in an airplane bathroom? That's not a good option at all. Then you'd be holding everyone up who needed to actually use the bathroom. Who knows, someone them might try to sue for getting a bladder infection from having to wait to use the bathroom. Hey, with how stupid people are, I could see it happening!

Stephanie - posted on 07/30/2010

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Neither of these suits merited a lawsuit. It boils down to society not wanting to take responsibility for their own actions and consequences thereof. It is up to each of us to curb this type of lawsuit abuse!

It’s time to end this “blame game” – pointing the finger at others when our own actions create consequences we don’t like.

Should a person who chips a tooth while eating popcorn at the movies be allowed to sue the movie theater?

Should a drug maker or drug store chain be blamed if a college student dies after abusing a prescription painkiller stolen from the store?

Should a compulsive gambler sue a casino for letting him continue to play and lose money?

Should a pitcher hit by a line drive seek damages from the maker of the baseball bat?

These are all examples of real cases. And you may even laugh at some of them.

But it’s no laughing matter when you and I are paying more for goods because businesses have to protect themselves from the high costs of lawsuits.

But we must take some responsibility for our own actions when we choose to use – or misuse – products.

In fact, we must start holding both ourselves and others accountable for individual conduct. It’s time to say “enough” to finger pointing and to footing the bill for junk lawsuits and outrageous damage awards. Please visit www.calactx.com for more information about frivolous lawsuits!

Isobel - posted on 07/29/2010

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ew

and I did take the burst eardrum at face value...maybe it was the pressure, I didn't think of that.

I did actually study the McDonald's case though, and yes, there are limits to how hot it can be...and she was burnt right down to the muscles...her surgeries would have cost her hundreds of thousands of dollars, she basically (living in America) had no choice but to sue...had she lived in Canada...no case.

Sharon - posted on 07/29/2010

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1. I don't believe the woman whose eardrum supposedly burst because a child shrieked near it.

2. the mcdonalds coffee thing - PUHLEASE - coffee is hot. I have bought convenience store coffee for years while I was working and I KNEW BETTER than to put a scalding hot liquid in my crotch. Thats like using a steam cleaner to douche then getting pissy when you get burned. DUH.

My coffee is served scalding so it'll be hot when I drink it. have I burned my tongue? hell yeah. Maybe I should sue the coffeepot maker. I could use some spending cash.

3. tripping over your own kid and suing, lmfao - you should be removed from the gene pool for that. and maybe theres' a case for the kid being neutered.

But none of those beat the woman who bought a chocolate dildo, used it, then sued because she got infection from the remaining chocolate/sugar inside!!! BAWAHAHAHAHA!! Moron.

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Stephanie - posted on 07/31/2010

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It was CSPI who continually sues restaurants and companies. Their latest is Coca Cola over Vitaminwater. They also recently threatened to sue McDonald's over Happy Meals.

Charlie - posted on 07/31/2010

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If some dickhead made my coffee nuclear hot i would be pissed off i used to be a barista and am somewhat of a coffee perfectionist there is a right temperature anything above it destroys the milk and coffee NOW if someone made it nuclear hot and it somehow ended up all over my crotch and burnt my clitoris and vag to the point of reconstructive surgery HEADS WOULD ROLL , i would be suing the pants off them and kicking them in the junk .....................dammit that is one body part i need !!!

[deleted account]

I've put on weight since I bought my last pair of jeans and now they don't fit! Who can I sue? My eating too much had nothing to do with it, of course!

Jodi - posted on 07/30/2010

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All I can say is, whatever happened to common sense? Seriously, why can people get away with suing for things that are simple common sense.....



And it is costing us, the consumers, millions. It isn't costing the corporations, this is all built in to their prices!!

Charlene - posted on 07/30/2010

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Haha, I realise that you were not serious, but it was truly a good idea for the 'haters'. :P

Isobel - posted on 07/30/2010

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As much as I was playing devil's advocate, I have no problem flying with crying babies...I am that crazy lady on the subway making faces at your kid till they laugh :D

Charlene - posted on 07/30/2010

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"Is froot the same as fruit?

Roy Werbel thought the two words meant the same thing and now he is mad as hell at Toucan Sam for his treasure chest of deceit. The man filed a lawsuit against Kellog's Froot Loops cereal in San Francisco federal court for allegedly intentionally misleading breakfast eaters into believing those delicious colorful loops were actually made from fruit. "

http://www.nbcdfw.com/news/weird/Man-Sue...

Yep, he actually sued Kellog's because he thought that there was real fruit in 'Froot Loops'. He also sued Pepsico because Cap'n Crunch Crunch Berries also was lacking in berries. How's that for frivolous?? There's a list of ingredients on the box..

As to the 'baby-free' flights, I have been saying that for a looooong time too. It's a good idea. That way people can pick a more expensive flight or suck it the h-e double hockey sticks up.

Rosie - posted on 07/30/2010

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i don't know, i think it may have gotten on the muffin itself before it was packaged, and then tunneled it's way inside stuffing itself with tasty muffin along the way!!

Sharon - posted on 07/30/2010

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Laura - I had no idea how a ladybug survives being baked but so far I've seen flies survive the freezer and the microwave.

I kid you not. Although me nuking the fly gives me nightmares that resemble the "The Fly" movies. omg serious heebie jeebies.

Isobel - posted on 07/30/2010

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I think that airplanes should offer adult-only flights and charge extra for them.

Iris - posted on 07/30/2010

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I'd suggest earplugs for passengers that get easily irritated by screaming children or have sensitive eardrums.

[deleted account]

Lol! That's hilarious! Why did none of us sue for the idiotic things that have been done to us? Hmmm... perhaps we accept that, sometimes, bad things happen?

Rosie - posted on 07/30/2010

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i was at work with the ladybug incident, and everybody kept on telling me "well, at least you know it's fresh!!! " LMAO.

[deleted account]

I'll see what I can do I need some money

...Scalding from hot coffee chucked in my face (I could win even if I did it - they should not have served it so hot)...no been done

...ooo or maybe I could stab myself in my eye with my mascara wand and claim that it stopped me working because I couldn't see to drive...no too temporary

oh the possibilities to make some cash...maybe I just sue my dad for the scar on my head because it really affected me hahahaha

Rosie - posted on 07/30/2010

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this past december i was eating a little debbie blueberry muffin, i broke it in half and went to eat it, and noticed a LADYBUG in the muffin!! AND it was still alive!!!!! there's no way a ladybug was flying around in the middle of an iowa winter (it was approximately 20 below zero at that time), and it was in the muffin, it had crumbs on it and everything. gah!!!!! i tried to complain, and they didn't even respond to my email! i should sue them- i can't look at muffins anymore without reliving the awful moment of ladybug nastiness!! i'm traumatised for life. LOL!!

[deleted account]

I know a few frivolous ones myself, like:
Someone sued a soup company for not putting in their directions, "empty can into pot." An unrelated lawsuit regarding putting the whole METAL can into the microwave. Etc.

You know, I could have sued Wendy's and gotten away with it. I went into a Wendy's in the winter with my hubby and BIL and SIL. Just inside the door you could have floated ducks on the lake in there. No one had mopped up the melted snowy goodness. Anyway, I slip and cut my lip open. They were super apologetic and even gave us our meals for free. I didn't sue because I felt like maybe I should have been more careful. But I still could have won the case, lol!

[deleted account]

It seriously worries me with some of the lawsuits people try to get. People have tried to sue First Aiders who have saved their lives because they broke a rib or lost a pair of glasses how about that for thanks!

I agree with the other ladies yes babies can cry loudly BUT there is no way that is what caused this womans eardrum to burst - more likely the pressure!

The McDonalds one is ridiculous as well - if I buy coffee I EXPECT it to be bloody hot and I expect not to be able to drink it straight away so I would expect that if I spilled it on myself it would burn me.

People NEED to learn to take the blame for their OWN actions instead of passing the blame and trying to make a quick buck!

[deleted account]

Before reading other comments, the article did say she had hearing difficulties before hand. Something about a hearing aid. If she were wearing a hearing aid when the child screamed, could that have amplified the sound. I don't think any person can scream loud enough to burst someone's eardrum. That and she is suing the airline for the problem. What the hell are they supposed to do, lock all of the children up during the flight so no one has to hear them? How fair is that? Shouldn't she be suing the mother or something?

Rosie - posted on 07/30/2010

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i studied the mcdonalds case a bit more, and i feel she is somewhat warranted, not millions, but yes some money. eardrums bursting, doesn't sound like it's the airlines fault, sue the mother-or not even sue the mother, that seems stupid to me too.

my all time favorite frivilous lawsuit-the lady who sued winnebago because she wasn't aware, and it didn't state it in the owners manual- that she couldn't put the RV on cruise control, leave the drivers seat and go make herself a sandwich in the back!! she sued them and won millions, i can't remember how much, and they had to change their owners manual to say that you can't leave the seat while cruise control is on. dumbass people!!

Isobel - posted on 07/30/2010

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I actually think that small children should be banned from enclosed public places, just the same as smoking...they are full of germs, and their crying causes me physical pain. So there. problem solved...no smoking OR children :)

Stifler's - posted on 07/30/2010

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how about getting the kid some chocolate milk and shutting him up hahaha

Stifler's - posted on 07/30/2010

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how can a kid screaming burst someones eardrum? sounds a bit suspect to me.

Amie - posted on 07/30/2010

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I went researching a bit after reading that article.

It would take 160 decibels to burst an ear drum.
Children can yell at around 95 decibels.

I'm sure there are some that can yell louder than that. 65 decibel difference though is a lot.

Not only that, a burst ear drum can heal unless there's been previous damage (Didn't someone mention in the article her hearing had already been impaired?) which lowers the chances of it healing fully. (sometimes, like in cases of previous injury, surgery would be required but not always) The hole will close but since our ear drums work off vibrations and scar tissue inhibits the vibrations we need for hearing.

It's circumstances, if it wasn't a kid, it would have been something else. (jackhammer, chainsaw, ambulance, all of these and more are louder than a child screaming)
I'm also more inclined to believe the journalist (or whoever was telling the story) used poetic license to describe the "erupting blood", since a burst ear drum will bleed.

It still does not make it the airlines fault.

The McDonald's lady, I have no sympathy for. I do not care if the coffee was overly hot or not. Coffee is meant to be hot. If you are stupid enough to put a little cardboard cup between your legs, that's on you.

I don't know why people are so sue happy. Anything for a buck? Common sense does seem to have gone out the window though.

Couple winters ago (maybe it was last winter? I can't remember for sure) some lady here tried to sue one of the grocery stores; because she slipped on ice! In the middle of winter! The court ruled the store had taken reasonable precautions and she didn't win (thank god). Ridiculous that it was even drawn up though.

[deleted account]

If screaming children could burst people's eardrums, there's be a lot of deaf mothers around!

Jodi - posted on 07/30/2010

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http://www.smh.com.au/travel/travel-news...



I actually question whether in fact it was the scream that burst her eardrum, because there are other factors which could have caused, or contributed, to the burst eardrum. I find it VERY difficult to believe that a scream COULD burst an eardrum so severely that blood "erupted" from her ears without other factors (such as the air pressure).



Why should the airline be expected to pay (I'll tell you why, because they have insurance, and they always go for the ones with the insurance, she wouldn't have been able to get a nice settlement from the toddler's family)?



Seriously.... "the plane's cabin and cockpit crew failed "to take all the necessary precautions to prevent the accident that resulted" in her "injury".". Now you (generic 'you') tell me what the fuck the cockpit crew could do about it (I'd be more concerned if they were doing anything about it as opposed to flying the plane), and why it is the cabin crew's responsibility? It was the mother's responsibility. But the airline gets to pay. Sounds fair......not.

Meghan - posted on 07/29/2010

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Maybe some people need to get a hobby?? Maybe in some of these cases the defendent can sue back for stupidity and the waist of time!

[deleted account]

I've heard of a guy who sued a local council because there were no safety signs near where some council workere were mending a broken pipe. There was a hole, carefully surrounded by that special orange tape (well it's orange in Australia) and witches' hats, and several workers in their safety gear but no sign saying specifically, "danger." You'd have to be pretty dumb to miss the point that it's not a bright idea to get too near! He didn't trip or anything, but just thought there was potential for danger.

I don't know the end of this story - I assume he would have been laughed out of court

[deleted account]

Her eardrum burst because of a screaming kid? That sounds obsurd! It didn't have anything to do with the pressure or the change in altitude? I'm sorry, I'm not familiar with the story but I very highly doubt her eardrum burst from a kid screaming?

Again, I don't know the whole story about the McDonald's hot coffee lady but from what I understood she put a piping hot coffee b/w her legs while she was driving? In any event, I don't think she should have sued. Are there some kind of regulations that state how hot the coffee can be? Did McDonald's deliberately, knowingly do something wrong? I'm sorry but it just seems obsurd....you're driving with hot coffee....STUPID!

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