this post was submitted on 25 Dec 2024
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No Stupid Questions

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(not asking for advice, just a thought that popped into my head)

I understand that medical injuries are a factor in something like a missing caution sign, but how is it that someone can sue and win in a case of common sense when a company has no sign? For example, many companies use signs so they are not liable for theft at say a public laundromat but some don't have this. How do they avoid a lawsuit when they don't have a sign even though it is common sense? What type of law protects a customer when a business lacks a sign and allows them to win against a business owner?

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[โ€“] litchralee@sh.itjust.works 3 points 1 day ago* (last edited 1 day ago) (1 children)

that a law firm thinks it can make money

This is unfortunately rather common in the USA, specifically the issue of nuisance-value lawsuits: https://scholarship.law.nd.edu/law_faculty_scholarship/351/

So even without a meritorious lawsuit, a law firm can extract what is essential a ransom, because for a targeted business or individual, they would have to pay their own way for a defense attorney, taking time to go to court, and all sorts of other headaches. It can indeed seem reasonable to just pay a few thousand dollars to the attacking law firm just to make them go away.

Even if one jurisdiction were to implement some of those proposed solutions to nuisance-value lawsuits, there are 50 US States and the federal courts, so pernicious law firms can just go forum shopping.

For the specific issue of SLAPP lawsuits -- frivolous lawsuits claiming defamation, as a means to drain the target of their time and money to mount a defense, typically targeting critics -- the solution is fairly clear: anti-SLAPP laws that would make the plaintiffs of such garbage lawsuits pay the defendant's expenses. California and Texas have excellent anti-SLAPP suits, and so do almost a majority of states, but not the federal judiciary. We need a federal anti-SLAPP law ASAP.

[โ€“] limer@lemmy.dbzer0.com 2 points 1 day ago

I see this in my own field as patent trolls.

Not ordinary people, and relatively rare per capita; but the population is big enough to have many parasites; or a very proficient few based on what they practice.

My life would be easier professionally if the top ten patent trolls went out of business nationally