Goodbye Barry - Welcome Home AMERICA!

Saturday, July 19, 2008

Whatever Happened To Common Sense?

Whatever happened to our ability to judiciously apply something called 'common sense' in the USA? It appears that more and more we see less and less of it! Take our penchant for suing people/corporations and other entities. We have become the most litigious (sue happy) society the world has ever known. Right now, I can almost hear you thinking, "Yeah ... why is that?" Like all other things that simply are, it is because we permitted it to be, and we continue to do so right up to whatever day you're reading this! Our legal system is overwhelmed by the demands of morons and their money-hungry, ambulance-chasing shyster lawyers. One would think that there would be a point at which our courts would say, "No, you have no case - thank you so much for bothering us - but you may not bring suit against anybody for that." Case in point ... the little old lady who sued McDonald's, and won a $7 million judgment against them, because she chose to place a container of hot coffee between her legs (no fault of McDonald's), the coffee spilled (again, through no fault of McDonald's), burning what was probably a little-used part of her anatomy and causing her great discomfort. Yeah, I know it's old news, but it is THE prime example of this posting's title, so let's follow the steps here:
  1. The old bat willfully and of her own volition, drove her automobile into a McDonald's Drive-Thru lane.
  2. Upon reaching the speaker box, she probably said in a loud, clear voice (or maybe in a cracking, enfeebled voice) "Coffee."
  3. When people order "coffee" at a restaurant - even a "fast food" restaurant (a designation which prompts some people to question validity of either word) it is normally served in a cup, at a temperature required to produce said beverage. The only exception to this would be if the patron said, "iced coffee."
  4. When we order "coffee" we do not expect to get coffee beans or an empty container which at one time may have held coffee. Nor do we expect to get a handful or pocketful of coffee. What we have foolishly come to expect, is that the coffee will be presented to us HOT and in a vessel of some kind. Where we choose to place this vessel of HOT liquid is entirely up to us. The restaurant does not try to influence us in this decision by having suggestions printed on the cup, like "TRY BALANCING THIS CUP ON YOUR HEAD AS YOU DRIVE AWAY!" or "HOT COFFEE PLACED BETWEEN YOUR THIGHS ON A COLD DAY FEELS GREAT!"
At precisely what point in time were we absolved of suffering the consequences of our own bad choices? Am I the only one that didn't get the memo? When did it become somebody else's responsibility to pay for our individual stupidity? What the judge should have said to the old lady's attorney is, "You have no case, you moron! Where did you get your law degree, Lawyers-r-Us? What Bar did you pass? Clancy's, after you left Lawyers-r-Us? It took me 15 minutes to read your crap complaint, do you know what that cost the people of this state? You'll know when you get the bill for my time. If you ever show up here with a nuisance lawsuit like this again, I'll hold you in contempt of court and stick you in jail!"

But, instead, many courts are hearing more nuisance cases each week, and finding in favor of the plaintiff! Could it be that it's a matter of the legal profession taking care of it's own? Insuring a substantial income for even the least qualified of their brethren? This is the same reason our laws have become so complicated that the average person can no longer understand them. They used to be pretty straight-forward: "You don't do this or you go to jail." Now there are at least 11 excuses, 15 exceptions, and 47 acceptable explanations that allow the criminal to avoid going to prison. But, sadly, there are no such compensations for the victim.

We are "a nation of laws". There is no requirement for justice in our legal system any more. The law rarely takes justice into consideration these days. If you should ever have to go to court, and you go expecting justice, don't be surprised when you don't get it. Law is generally the only item on their menu ...


Krista said...

I never order the coffee and I never get burned! Looks like McDonald's got burned in the end!

Poppy said...

Of course you know that common sense isn't common. That's why there is so little of it. I've never been burned by hot coffee, and yes I do order it, because it's good and it's also proven to be HEALTHY! But perhaps I'm one of the few with common sense!