A long time ago, Pedro Lomba wrote a text in his website about lawsuits in the United States. In his opinion, although those lawsuits are mocked in Europe, they show a vitality of the civil society that is not so frequent in this continent. I tend to agree with him, and reading about the subject I cannot help thinking that despite the frivolous lawsuits that undoubtedly exist (and they are most likely dismissed as such), it would be a tremendous loss if such a mechanism of defence for the general public became politically incorrect. The most paradigmatic case, popping up in almost every discussion about “tort reform” and “jury duty”, is the elderly woman who sued McDonalds because her coffee was too hot. The incident was thoroughly depicted as being the ridiculous acme of irresponsibility for one’s actions, but the facts of the case were much more complex. The story on SSQQ McDonalds Hot Coffee, seems to be a balanced account of the issue, and I like the closing sentences:
What all this means is that the jury’s decision in the case of Stella Liebeck was not necessarily the sign of a legal system gone mad. Maybe if you’d been on the jury, hearing all the evidence, you still would have decided for McDonald’s. That’s okay, too. But the case is more complex than how politicians, late-night talk-show comedians, and Cosmo Kramer have made it seem for years.
Look more closely.
(On a side note, this is why I don’t like comedy that is not true to the facts, even if – or perhaps especially if – it is aware of its misrepresentation. As Somerset Maugham wrote in The Razor’s Edge, fanatics have found a much more effective substitute for the burning of their enemies: the wisecrack.)