The answer of course is that a civil lawsuit is the only means that working class people have to address wrongs committed against them by the powerful. If some corporate or government agency is committing some great harm to the people, what course of action do the victims have. You could organize a protest but the ruling fascists will just ignore you or if it becomes too annoying to them, they will sic the police and gestapo agencies on the demonstrators who then end up physically beaten and/or end up with a criminal record. And nothing will change. But a lawsuit can force change - meaning the ruling fascists have limitations put on their anarchical practices. Capitalism has been called "controlled anarchy" meaning the ruling fascists control who can commit anarchy.
Let's look at the poster child of the "frivolous lawsuit" mantra. Everyone has read or heard about the woman who received a million dollar judgment against McDonald's because she spilled hot coffee on herself. But what do you really know about the case? First, I would estimate that at least 70% of all drivers have put a drink between there legs while driving. Lots of people do it so the woman did do anything unusual. And I would guess that a lot of drivers have spilled their drink on themselves at one time or another. In this woman's case, the woman spilled the drink and suffered THIRD DEGREE BURNS ON HER INNER THIGHS AND GENITAL AREA FROM THE SCALDING COFFEE. Why were the burns so severe? Because the coffee from McDonald's was 190 degrees F which at that time was the standard temperature of the coffee they served. For a point of reference, coffee you serve at home is usually served at about 130 degrees F and the maximum temperature of a hot tube or a hot spring used for "bathing" is 106 degrees F. McDonald's had received numerous complaints about their unsafe practice and was well aware of the excessive temperature of their coffee, but they refused to change their corporate procedure. And this just wasn't McDonalds. I can remember getting hot drinks from various fast food restaurants that was so hot I had to wait 5-10 minutes before I could carefully sip the drink without burning my lips. The woman is this case ended up spending two weeks in a hospital. And I would imagine she ended up with some serious scaring. Would you consider it "frivolous" if you suffered 3rd degree burns on your genital area!?
Whether the lawsuit is the reason for the change or not, now days when you get a hot drink from a fast food restaurant, you can at least sip it without fear of burning your tongue or lips. Lawsuits effect change and the ruling fascists don't like the courts or anyone else telling them what they can or can't do. Thus you have the constant mantra of "frivolous lawsuits." And McDonalds profit for this past year is somewhere between 4-5 Billion dollars which makes that 1 million dollar judgment about .025 percent of their profits. McDonalds will survive.
The next time you hear someone complaining about a "frivolous lawsuit", ask them how much they really know about the case. And there are frivolous lawsuits. But are you willing to give up your only avenue to address a grievous wrong and/or give up the only way you have to get compensation for deliberate destruction to some aspect of your life. I doubt it. But let someone say "you have to stop all these "frivolous lawsuits" and I'll bet you jump right in line and agree. The Crazies stole documents from Karen Silkwood's car and from my home and office in order to deny their victims the right to address grievous wrongs committed by the powerful. Don't let them steal your only hope!
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