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Date: Fri, 14 Jul 2006 02:00:27 -0400 (EDT)
To: improvetheworld &AElig umich.edu
From: Daniel Reeves <dreeves &AElig umich.edu>
Subject: abuse of "pain and suffering"?
Status: O

Here are two points of view on whether Bethany should ask for more than 
just reimbursement for the hospital bill plus cost of her bike.  Please 
chime in with your opinion!  It could be very influential.

The ANTI-LITIGATION argument:
   No, this represents the worst of what's wrong with this country.  Don't 
use elaborate rationalizations for being a greedy opportunist cashing in 
on misfortune.  This kind of lawsuit is an absolutely massive drain on 
society, both in wasted money and in missed opportunities / paranoia 
("sorry, we can't do that for liability reasons").  Don't be a part of it!

The JUSTICE argument:
   Asking for much more than the actual hospital and bike costs is the 
morally right thing to do.  Agreed that abuse of the legal system (or the 
brokenness of the system itself) is a huge and despicable problem.  It 
would be wrong, for example, to go for punitive damages.  But asking the 
driver to redress your pain and suffering and lost productivity (if not 
done disingenuously) is absolutely legitimate.  As we know from yootles, 
these have a measurable price. If the driver (bear with the absurd 
hypotheticalness of this) asked you if he could smash up your face with a 
nine iron for 10 million dollars, you'd say yes (assume of course ex post 
analysis, ie, knowing the surgery would succeed, etc).  If he offered 10 
thousand, you'd say no. (Adjust the spread if I'm presuming wrong.) 
Somewhere in between is the fair and just amount he should give you.
   The difference between this and greedy opportunists is a fundamental 
one.  The difference between "you ran a stop sign and smashed my face in 
with your truck" and "I slipped in your grocery store" is as clear as day. 
There are a lot of selfish assholes abusing the concept of liability but 
that doesn't mean you have to err on the other extreme, refusing to hold 
someone fully liable for life-and-death negligence.


Straw Poll here:
   http://ai.eecs.umich.edu/people/dreeves/wb/cycling

-- 
http://ai.eecs.umich.edu/people/dreeves  - -  search://"Daniel Reeves"

  If God dwells inside us, like some people say, I sure hope he
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    -- Jack Handey