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Home / Whanganui Chronicle

KATE STEWART: Our society will suffer if we continue down litigious path

By Kate Stewart
Whanganui Chronicle·
12 Jul, 2015 03:41 AM3 mins to read

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Kate Stewart

Kate Stewart

LAWSUIT - it's a word that can instill fear into the hearts of many.

Traditionally, for me anyway, it's also a word that I instinctively associate with the US.

Stereotypical maybe, but not entirely without just cause.

Growing up I remember thinking how grateful I was that our country didn't subscribe to this form of "justice".

But as usual, like a fashion trend that sees us several seasons behind, we would play catch-up, creating a virtual open hunting ground for anyone with an axe to grind and the dosh to back it up.

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American examples prove the pay-off can be in the millions.

Lawsuits most certainly serve a purpose, especially when justice cannot be achieved via traditional methods. These I support, but, as is human nature, there are always those who are willing to abuse and misuse the intended purpose of suing.

One of the more extreme examples I read of was a drowning case in the US. An elderly man was seen drowning at a beach. A good Samaritan went in and brought him back to shore where they performed CPR, ultimately saving his life.

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His family though, instead of being grateful, sued the Samaritan for loss of inheritance. Their argument was: he was elderly, it was his time and it was all part of natural attrition.

His revival was an act against nature. Ridiculous, right? Not according to the judge, it wasn't. He found in favour of the family and awarded damages.

Not surprisingly it was around this time people stopped helping strangers in the street because they didn't want to end up on the wrong end of a law suit.

Another trend, if you can call it that, that like sheep, we have chosen to adopt and follow. That seemingly cold indifference that allows us to capture and record someone else's misfortune and post it on social media but falls short of us actually becoming involved and helping our "neighbour".

Is there a name for a human who lacks humanity? Even some in the animal kingdom have been documented showing more compassion. An extreme case, I grant you, but look at its long-term repercussions.

That whole "turn a blind eye" and "don't get involved" attitude for many has sadly become almost instinctual.

It's a slippery slope and while, for the moment, it's one of those things that "could only ever happen in America" our time is fast approaching. Especially when we seem to have this inexplicable need to follow in their footsteps. Are we that incapable of forging our own path in the pursuit of real justice?

What starts out as just a few "minor incidents" of bitter and disgruntled parents coming together to sue in defence of their entitled and unworthy offspring will eventually result in cases as crazy as the one mentioned above. Everything and everyone will be fair game.

I predict an increase in the demand for lawyers specialising in civil actions. Our own native breed of ambulance chasers, to coin the well-known American phrase. The scum of the legal profession.

Never mind the financial damages, it's the damage to our society that is of greater concern to me.

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-Kate Stewart is a politically incorrect columnist of no repute. She does welcome your feedback - investik8@gmail.com

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