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Author Topic: Crazy ... or what?  (Read 9548 times)

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« Reply #25 on: February 19, 2008, 13:36 »
The problem is the US court system which just allows crazy damages for anything. In Europe (and Belgium) they take a more common sense approach to damages. "Moral damage" is routinely allowed 1 Euro, unless it has to do with psychiatric consequences like in abused children.

Medical malpractice, McDonalds spilling hot coffee over your leg... no way you get 1M$. The court would say that if you order a hot coffee in a drive-in you have to assume the risk that the guy will spill it, because everybody can make mistakes. The court would only allow damages IF you can prove that he threw the hot coffee on you on purpose. If you don't like that risk, then just take your coffee inside.

Idem ditto with medical malpractice. Everybody can make mistakes and doctors too. Don't like that risk? Well then don't get that operation. The net result is that health care is much cheaper than in the US because they just have to pay reasonable insurance fees.

Copyright infringement is not a statutory thing here. If somebody uses your shots, he can get a modest fine and he has to pay you the normal license fees x 2 or so. If BMW discovered its car shots for sale on a European site, all it can do is request to remove those shots and claim the license fees it has made. X times 30cents for instance on SS. And they wouldn't even get their 1 Euro moral damages since the court will probably judge they got free publicity ;-)

« Reply #26 on: February 19, 2008, 18:30 »
The problem is the US court system which just allows crazy damages for anything...
For one thing, what does the US legal system have to do with a company where the governing law is Canandian?
Also, the McDonlads spill was not due to our court system, it was because of a stupid jury. The verdict was overturned on appeal. As for medical malpractice, health care costs have very little to do with medical malpractice suits (despite what Bush and the far right-winger are telling you). It has very much to do with the lack of health care insurance here in the US. And the "doctors make mistakes, so you should you should assume the risk" argument doesn't fly. How do you assume a risk when you don't know what the risk actually is? Am I to assume that the doctor was drinking the night before? Am I to assume the doctor will leave a surgical instrument in me?

As an attorney it dives me nuts when I hear Bush rant about tort reform, caps on punitive damages, and medical malpractice. Why, well because attorneys have to pay malpractice insurance too. Why should I have to pay premiums (that are nearly as much as the avg. medical) and not the doctors? If I make an avoidable mistake I should be liable for the money I cost my client. If a doctor makes an avoidable mistake they should be liable for the loss of life!

I'd suggest reading Grisham's new book "The Appeal" for a very real look at the tort system today in the US. And now back to the actual conversation about Canadian Copyright/Trademark law.

« Reply #27 on: February 19, 2008, 19:52 »
Also, the McDonlads spill was not due to our court system, it was because of a stupid jury. The verdict was overturned on appeal.

Well, you have to agree that from time to time there is some news about some questionable legal decisions in USA.  "Seinfeld" had some episodes about that, with Kramer's lawyer always eager to make money from big companies.  We see that in other series (what is the name of that one with James Spader and William Shatner?).  Of course, this is fiction (I also don't assume that most policemen are corrupt in NY or LA just because we see that in movies or TV series), but these subjects are possibly a reflection of what happens there.


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