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originally posted in:Secular Sevens
5/17/2013 4:02:19 PM
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.....So they are suing for money for an incident that happened seven years ago, prior to them adopting the child? Sounds like a great way to get free money that you have no right to
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  • Edited by Seggi: 5/18/2013 1:14:40 PM
    Well, the incident did result in what are probably quite significant damages on the child, so it's like they have no 'right' to it.

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  • jolly good then

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  • Except it's money, something that should hold little to no sentimental value. And this is a sentimental issue.

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  • How is it a sentimental issue?

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  • I'm definitely using the wrong word, but I meant that it wasn't a simple issue of money.

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  • No, it's about a lot more than just money, but financial damages (as in, the kind you can receive money for in a lawsuit) cover a lot of different issues.

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  • Edited by Coup de Grace: 5/19/2013 1:58:28 AM
    And which of those issues apply to this case? I'm not saying they don't deserve it, but I can't help but feel that the parents are wrong for seeking it. If it had been M.C. doing the suing, then it would be different

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  • The parents are seeking it on the behalf of the child. That's how legal guardians work.

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  • It's not "free", it's earned through winning the lawsuit, which is done on the child's behalf. And lawsuits can be filed to change the law as well as win damages. And of course, if you've won a lawsuit you get the "right" to the damages, along with your lawyers. So, you're wrong.

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  • Edited by RIP delta: 5/17/2013 4:43:26 PM
    The incident happened before the child was under their parental responsibility - unless they are solely going to sue on bahalf of the young'un, and give all proceeds (bar whatever costs they may have in the trail), what right do they have to that money? They certainly didn't earn it - one hardly ever earns money from a lawsuit. I may be wrong in my knowledge of the system, and maybe the damages get awarded directly to the kid, in which case they're doing a good thing. If they're trying to change the law, great - if they're suing and put the awarded sum into a fund for the child when they reach adulthood, great....but if they benefit financially from an incident which happened to their son before he was their son, that is ridiculous.

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  • [quote]They certainly didn't earn it - one hardly ever earns money from a lawsuit.[/quote] Yes they do. they earn it by going through whatever wrong that they can prove was done to them, and then filing the claim and going through the legal process. [quote]I may be wrong in my knowledge of the system [/quote] Confirmed.

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  • Edited by RIP delta: 5/17/2013 7:06:25 PM
    Being subject to a wrongdoing is not the same as earning damages awarded. In this matter, they didn't even do a damn thing also you're being mean and you should stop it. You're being a meanie coz of the argument over 'earning', and whether or not suing someone is earning the money received money. It is being awarded damages. People don't earn the lottery, they win it. There are countless [url=http://www.legalzoom.com/lawsuits-settlements/personal-injury/top-ten-frivolous-lawsuits]examples[/url] of ridiculous lawsuits awarded damages, which by the same measure, should grant the majority of us 'earnings', unless you think that a woman spilling coffee on herself earned $2.86 million for spilling her coffee then suing somebody about it....? In this case the only thing they have to do with the "wrong" that took place is that they adopted someone it had already happened to. He may be deserving of recompense, but that is not the same thing as earning it, for for the most part a lawsuit is often on the grounds that somebody else did something to you, then you had a solicitor/lawyer do something about it whilst you did very little.

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  • [quote]you think that a woman spilling coffee on herself earned $2.86 million for spilling her coffee then suing somebody about it[/quote] [url=http://www.lectlaw.com/files/cur78.htm]Stella Liebeck,[/url] the woman who sued McDonalds, first attempted to settle her case for $20,000 before going to court. She then was able to present pretty overwhelming evidence that this same thing had happened to over 700 people, and that McDonalds was deliberately being unsafe. She was awarded $480,000 in punitive damages, and then settled for a smaller amount that no one knows. So yes, she earned her money.

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  • Deliberately unsafe? Were they putting the coffee in a sieve?

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  • Did you click the link? No? Try that, it explains everything.

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  • Edited by RIP delta: 5/18/2013 11:46:35 AM
    Ok, you want a proper answer? You shitting me? Its a hot beverage. Every time I order a tea or coffee I expect it to be near boiling (tea especially so). If I spill it, I'm not going to accuse the cafe/outlet of being deliberately unsafe by making a cup of tea or coffee with boiling or near boiling water. Every time I make a cup of tea (just did), the kettle boils - i.e 100 C (dgaf what that is in Fahrenheit). I use my fingers to take the teabag out. Its something I'm aware is a hot liquid, which is why it hurts a little bit. Hot drinks require hot water. The fact that people complain about such things speaks incredibly sorely or society. I received pretty bad burns on my hand from cooking oil last year. Perhaps I should sue the bacon supplier for selling a product that requires heat? Its the same thing. I've got a scar on my arm from a lighter burn - perhaps I too should sue the lighter manufacturer for creating a product capable of burning me? Deliberately unsafe would be to knowingly provide a cup that can't handle heat or moisture, not using near boiling water to make a cup of coffee, or should everybody's hand be held throughout their lives because they just might be moronic enough not to understand that hot stuff is capable of burning you? As your link states: [quote]McDonalds also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer thirddegree burns from the coffee and that a statement on the side of the cup was not a "warning" but a "reminder" since the location of the writing would not warn customers of the hazard.[/quote] People being dumb -blam!-s really shouldn't make for a 'justly awarded' payment for accidents. Your link states what...? That McDonalds use hotter water than their competitors? So? I could burn my mouth with any number of hot meals I order from restaurants. SHould I claim that because a competitor gives me a cooler meal, I have legitimate grounds for complain? Course bloody not. Since when do Brits preach individual responsibility to Americans?

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  • They are suing on behalf of their son.

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  • But they will probably benefit greatly, no? If the sum is large, which is theoretically could be for the size of the -blam!--up - they, as legally responsible for the kid, will probably get the cash.

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  • That is how the legal system works. In principle though, they should use that money to better the life of their son, which is what I hope/expect them to do.

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  • The only way I wouldn't be suspicious of them is if they put all the money they're awarded into a fund that they can't touch, so that when the boy is 18, he has what is rightly his compensation.

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  • I'll be able to lick an icicle from Satan's teat before that happens.

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