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Have you noticed that it seems like more and more people would rather blame everyone else under the Sun for their problems instead of accepting responsibility for their actions?

Americans in particular are a litigious society. Everyone in this country sues anyone else at the drop of a hat.

Take Josh Hancock from the St. Louis Cardinals. His father has sued the restaurant Josh was drinking at the night he died in an automobile accident. His father is also suing a tow truck company because it didn't remove a stranded vehicle fast enough.

Authorities said the 29-year pitcher had a blood content of nearly twice the legal limit for alcohol in his system when he crashed into the back of the tow truck. He was also speeding, using a cell phone and wasn't wearing a seat belt. Marijuana also was found in the SUV.

He was speeding, talking on his cell phone, didn't wear a seatbelt, had pot in the car and was probably stoned, and spent 3 1/2 hours drinking, but it's not his fault????

2007-05-25 06:25:37 · 12 answers · asked by Josh 4 in Politics & Government Law & Ethics

12 answers

I agree Josh. The lawsuit is a disgrace. It makes Hancock and his family look bad and the legal profession look bad.
Hancock was at fault. HIS insurance should be paying those he ran into.

2007-05-25 06:31:42 · answer #1 · answered by Anonymous · 2 0

Well, first:
His father has sued the restaurant Josh was drinking at the night he died in an automobile accident. His father is also suing a tow truck company because it didn't remove a stranded vehicle fast enough.

Okay, let's take the first part. We have "dramshop" laws in this country. They say that a bar is liable when they knowingly serve alcohol to someone who is intoxicated. The point of this is that it LIMITS liability for bar owners in other circumstances. So if there's proof of this, the bar is certainly (partly) liable.

Second, if the tow truck company was negligent in its duties, the car wouldn't have been there. This was a cause of the accident.

Am I saying that it wasn't Hancock's fault? No. In this society, we have "Comparative fault," which means that a jury determines whose negligence was the cause of injury, and what percentage of negligence each person contributed. Let's say the evidence shows that had the bartender done his job and cut off Hancock, he wouldn't have been speeding and or would have used his seatbelt. But of course Hancock chose to injest alcohol in teh first place. And maybe the evidence shows that the stranded vehicle was WAY too far out near traffic. So the jury says that Hancock was 50% at fault, the bartender 35%, and the tow truck driver 15%...
But maybe the jury finds that Hancock was 85% at fault... well, then, his dad gets very little (and in some jurisdictions, nothing.)

That's what's great about the American legal system... people like YOU get to serve on juries and make these sorts of determinations.

2007-05-25 06:37:02 · answer #2 · answered by Perdendosi 7 · 1 1

You didn't hear? Bartenders and tow truck guys are now our legal babysitters!

I feel for his dad, but I totally agree with you. It's ridiculous. They passed a law similar to this in California. Hell, that new law even says if I have a party and someone drives home drunk from it and kills someone/themselves, I can get sued! Now - if I have a party I will make absolutely clear to people that they are feel to stay, I will call anyone a cab, try to take their keys, etc., but I am certainly not going to at like people's mother and monitor how many drinks they had. This country is sue happy enough without crap laws like this that take away personal responsibility.

As for the bartender, well, I hate using the slippery slope argument as I think it's poor logic, but I'll do it anyway. Where do you draw the line for this? Do bartender's give a breathalyzer to everyone who comes in? If I had 4 beers, I could still walk and talk just fine, but I'm definitely over the legal limit to drive. How far does the bartender go to stop him? I've seen people trying to practically tackle their friends to stop them from driving (you know those guys who ALWAYS insist that they're not drunk!). Will bartenders be allowed to start tackling people (they'll of course get sued for assault then)? Should we give them guns and handcuffs? If they call the cops, the drunk driver would be long gone by the time they got there...

...and to 'Josephwiess' - I'm a liberal and I'm all for personal responsibility! I don't even like that little league teams give trophies to the losers so that they 'won't feel bad'.

2007-05-25 10:05:56 · answer #3 · answered by shelly 4 · 0 0

Hi..I live in St. Louis and he is also suing the man that had the accident that the tow truck was at. Something about negligence...basically, if he hadn't had the accident the tow truck wouldn't have been there..blah blah blah. Such a shame. It's not like the gentleman doesn't have enough guilt for what he's being sued for. I'm sure losing a child is horrific, and we are on the outside looking in, but how about some counseling for dad instead of lawsuits?

2007-05-25 08:00:48 · answer #4 · answered by lesmodee 2 · 2 0

What you're talking about is not unheard of, it's part of the responsibility of a bartender / server is to cut off a customer if they have had too much to drink. Even if the customer had been drinking somewhere else and the bartender only serves him one beer before the customer takes off and crashes, the bartender can still be sued.

It may not be fair, but it's reality. Part of a server's job is to pay attention to how much a customer has had to drink. Besides, Hancock was forced to accept responsibility, he died. His father is probably just trying to cope in any way he can.


To a comment below: The bars CHOOSE to turn a blind eye, and thats a risk they decide to take. I've worked in resteraunts for years, and while is certainly isn't pleasant cutting someone off, sometimes it has to be done. There are other options, Hancock could have taken a cab or gotten a ride, but he didn't. In the end it is still Hancock's fault, I'm not disputing that, but just as Hancock chose to drink and drive, the bartender chose to serve him more alcohol. And for what? More sales, a bigger tip?

2007-05-25 06:34:27 · answer #5 · answered by Ashley 4 · 0 3

Look at it this way and it also depends how serious the action is. 4 instance what if a person commits a hit and run. They know they made a grave mistake but simply put a person is afraid of what the outcome of the action may be. Fear of getting in trouble, but wish u coulda made the question a little more detailed though, so i could understand it better. Like r u talking about adults, teens or kids?

2016-05-17 21:14:36 · answer #6 · answered by ? 3 · 0 0

Because for 40 years, the far left lunatics have used the media to say, "You can do anything you want, without worrying about the consequences, and if you don't get what you want, sue for it."

This is the same reason why Gore tried to sue to win the election of 2000, and why Row vs Wade happened. One person wanted an abortion and the law said no, so she sued to get it...and why the militant gays are in court suing for the right to get married, instead of taking it to the voters.

It boils down to the fact that everywhere you look, you hear that it's not your fault, and that others should pay.

2007-05-25 06:32:17 · answer #7 · answered by josephwiess 3 · 3 1

I do agree with you. Its so sad that ppl can't live up to their mistakes. And its awful the think that, that is what is being taught to the next generation. The case you just described is all too common. Common sense has been pushed out the window. And if its not written on the container or package, then for some reason, though common sense tells you it could kill you, it's still done cuz its not in black and white.

2007-05-25 06:52:23 · answer #8 · answered by Squeakers 4 · 0 0

Here here, I completely agree!
This is like saying that letting people have guns kills people. Nope. If you shoot someone it's YOUR fault, not your government for allowing you to have a gun. I used to be an addict and looking back, I don't blame it on my rough childhood and I don't blame it on my parents. I blame myself, I chose to do drugs, I chose not to stop when I knew it was becoming a problem, and eventually I made the choice to quit once and for all. I have no pity for addicts, or anyone else who has problems they try to pass off on others. You make your own life choices and you have to live with them, end of discussion. Remember the case when the woman sued McDonalds for being burnt by the coffee? What a load. She should be punished for grand stupidity. I have absolutely no empathy for people who put themselves in dumb situations.

EDIT - to respond to the comments regarding the laws of a bar serving someone who is obviously intoxiacted. I worked in bars for years and trust me every single bar turns a blind eye to drunks. Unless you're falling over or fighting you're free to drink in any bar I've ever worked at or been in. Get real, this again blames the BAR and not the PATRON for choosing to drink and drive. Bartenders and servers aren't babysitters but because of people who made these ridiculous laws we are now told to be. There are taxis, there are friends who WILL pick you up when you're drunk in the middle of the night (yep we've all been on both sides of that fence I'm sure), there are even a few companies that will have two drivers come in one of their cars, and one driver will drive your car home for you and the other gives his coworker a ride back to their place of work afterwards. There are so many options and for those mentioned those stupid bar rules, you're just passing on the blame again. Grow up and take responsibility for yourself.

Oooh I'm really full of piss and vinegar today aren't I? ;)

2007-05-25 06:46:10 · answer #9 · answered by giacarangi_99 3 · 1 1

You are right. I am surprised he did not sue the person his son was talking to at the time of the accident. I think the main reason we take no responsibility is that you can get money if you do not. We scream we want freedom and we don't want people knowing about our private lives but then we expect everyone to keep us out of trouble.

2007-05-25 06:34:32 · answer #10 · answered by TAT 7 · 2 0

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