Casino

[DTowner]

I was clutzy and fell down at Chandler park.    Can I go fill out a form with the City of Tulsa to see if they want to (just in case) make a goodwill gesture and pay my medical bills?

Actually, the process is similar to that in the casino.  Under tort claims acts you could file a claim and get a determination from the governmental body.  If denied, you could then file a lawsuit.

Premises liability claims, or so-called "slip and fall claims", are often subject to abuse because the injury suffered is typically small with no permanent disability, and, therefore, the defendant often pays a nuisance value to make it go away, i.e. it will cost more to defend against it than to simply make a nominal settlement.  Of course, this just encourages more specious claims to be filed.  Not all claims are bogus and the threat of liability should encourage businesses, municipalities, etc. to maintain their premises in a safe condition for their guests and invitees.

[DTowner]

Ironically, the whole problem could be solved with single payer health care. Many personal injury lawsuits are more about finding a way to pay the exorbitant medical bills than anything else.

I disagree - in my experience it is more often about greed than need, and the fact there is no disincentive to plaintiffs for filing weak cases (their lawyer is typically taking on the risk of loss through a contingency fee arrangment).

[nathanm]

I disagree - in my experience it is more often about greed than need

Sure, it is about greed sometimes. But when a significant fraction of our fellow citizens don't have the means to come up with even $2,000 on short notice and many to most of those lack health insurance, it doesn't surprise me in the least that people feel the need to sue for relatively minor injuries.

And what lawyer in her right mind is going to take a shitty case on contingency, when they could be spending their time on cases that will actually make them money and doesn't carry the risk of being sanctioned for filing a frivolous lawsuit? There are a few, but again, it's a small minority.

[DTowner]

And what lawyer in her right mind is going to take a shitty case on contingency, when they could be spending their time on cases that will actually make them money and doesn't carry the risk of being sanctioned for filing a frivolous lawsuit? There are a few, but again, it's a small minority.

Sanctions are rare for filing frivolous case and there are plenty of lawyers who work on a volume model (i.e. The Heavy Hitter).