best buy getting sued for 54 M

[LegalSmash]

http://tech.yahoo.com/blogs/null/72016

 

I'll say this... dont blame the attorneys, blame the douchebag senators that pass laws allowing for 54M recovery under Consumer Protection Statutes to get votes... or... if your like me, root for the woman... because the fucktards at the store should not have been that unprofessional

 

I hope she wins. LOL.

 

She wont though.

[Steel]

old. Plus she said she's only asking that much because she's trying to make a point, not actually get that much

[LegalSmash]

Posted on Yahoo this morning for me.

[Bobo]

I hope she will win too, something similar happened to me before too, not at Best Buy tho, but still.

[zero]

old. Plus she said she's only asking that much because she's trying to make a point, not actually get that much

 

As usual, its not about the money.

[Jager]

well somebody has to push this kinda thing, whether its seemingly crazy or not if she suffers from id theft it may make that 54 mill look paltry compared to the rest of her life and credit scores being in the tubes.

[Repeat]

I wish I had 54 million dollars....le sigh.

[Vampy]

she might be able to win if its in the USA

 

some women sued MCdonalds $10 million because she burnt herself with the takeaway hot chocolate because it never had "This May Contain Hot Substance" encrypted on the lid or w.e.

[Blank]

Guys, some day you might be on the other side of the fence. As a business owner, I get sued from time to time. Frivolous lawsuits are killing this country, not George Bush.

 

I think this is my favorite lawsuit to date. A woman was exiting one of my stores and she was struck by a car that hit a patch of ice and slid into her. So she took us to court and sued us for many thousands of dollars (after we had already paid for all of her midical expences). Well, to make a long story even longer, she won and she got a huge settlement. The real kicker of the story is that it was her own husband that hit her. I don't understand why business are responsible for the idiocy of individuals.

 

Just so there is no confusion, my building is 100% in compliance with every health safety ordanance that I am aware of, and many precautions were taken to aviod this exacy incident. I was sued for someone having an accident that, lucky for me, occured on my property. I was breaking no laws, but because of the greed of two individuals, the lady and her attorney, my business lost a large sum of money.

 

I know I got off topic. I think this women probably deserves the $4,100 offered to her. Not the 54 million that she is asking for. Honestly, when she went into the lawyer's office, she probably just wanted to get her money back and the lawyer convinced to to jack it up to 54 mil. Ask legalsmash what percentage (I forget) of the settlement the lawyer's will recieve and everyone will understand why they are suing for this amount. You will be suprised.

 

This is the lawyers fault, not the legislative branch of government. Lawmakers cannot forsee every angle that someone can interpret their laws. It is our responsibility, as individuals, to act as resonable Americans. I believe in the Golden Rule and I think the application of this rule in our daily lives can make a difference.

[LegalSmash]

This is the lawyers fault, not the legislative branch of government. Lawmakers cannot forsee every angle that someone can interpret their laws. It is our responsibility, as individuals, to act as resonable Americans. I believe in the Golden Rule and I think the application of this rule in our daily lives can make a difference.

__________________

 

I love this comment... actually its not us. Its the Law makers that allow for grossly oversized recoveries based on tort (civil wrong) negligence.

 

As an attorney, you can charge a contingency fee (up to 1/3 of total take, if reasonable to work done, hours contributed, and novelty/difficulty of the work) in lieu of a fixed hourly rate when a client doesnt have the money to cover the expense for legal counsel. This fee is earned when you deal with the clients we have to deal with.

 

As for your own situation there, while I can understand that you are upset for the litigation against you I do not have sufficient facts to determine if that lawsuit was indeed frivilous:

 

I think this is my favorite lawsuit to date. A woman was exiting one of my stores and she was struck by a car that hit a patch of ice and slid into her. So she took us to court and sued us for many thousands of dollars (after we had already paid for all of her midical expences). Well, to make a long story even longer, she won and she got a huge settlement. The real kicker of the story is that it was her own husband that hit her. I don't understand why business are responsible for the idiocy of individuals.

 

Just so there is no confusion, my building is 100% in compliance with every health safety ordanance that I am aware of, and many precautions were taken to aviod this exacy incident. I was sued for someone having an accident that, lucky for me, occured on my property. I was breaking no laws, but because of the greed of two individuals, the lady and her attorney, my business lost a large sum of money.

 

Well, is the road a public thoroughfare or is it owned privately by yourself, your company, etc? Ice seems to have been the culprit here, yet, living in a cold weather state, it may be considered by a jury, or a judge reasonable for the store owner to secure the safety of an area through the removal of ice, debris, obstructions, etc that could potentially lead to endangerment.

 

This is not to say that you are/were negligent, but rather, that these are things that are considered in analyzing a negligence problem.

 

Basically, the reasoning would go like this... Negligence: Duty Breach Cause Damages

 

Did you have a duty to the client to keep the ice off the road?

Was this duty breached?

Was your breach of duty the proximate cause to the plaintiff's injury

Did the plaintiff suffer damages?

 

Did this go to jury?

Did your insurance seek to settle out?

 

The rule in torts is: if I am at fault, settle, especially if the client is sympathetic.

 

If you didnt go to a jury here, and your case is iffy, like here, where a husband hit his wife with a car (smacks of stupidity), your attorney should have argued contributory negligence.... If he didnt do that, your lawyer was a retard, sorry to say. Same thing applies to the McD's case. We use that case as an example of BAD legal service delivery. That should have been thrown out faster than spoiled milk, but it wasnt because they had a non-aware/non-useful in house counsel there.

 

If these elements can be proven to the jury, guess what? Your ass is in a sling.

 

Here is a tip: Dont offer to pay ANYTHING next time. Call the ambulance, let them take it up with them, and then afterwards, deal with it. Paying for, offering to pay for anything is pretty much an admission to wrong doing...

 

That is not the lawyer, that is pretty much 10K years of human thought process at work.

 

 

Best buy messed up... They offer their services to customers as computer repair, assistance, etc. They market the geek squad as (ludicrously overpriced) special forces of computer repair... they tote their warranty like its the true cross and essentially force you to purchase it, because their selling point is ease of use/access

"deal with us, we'll take care of your problem.... get an EXTRA warranty, on top of the one you already have with Apple, Dell, Gateway, Sony, etc. at around 20% of MSRP of the product.... We will always help"

 

Well, they didnt live up to their promise. This isnt a negligence action, this is a breach of warranty, contract, advertising, consumer rights issue.

 

The rule there is deliver your promise, because you control the contains of that promise... do that or be spanked...

 

They had plenty of time to rectify the situation with the woman, and they didnt... probably because geek squad sat on her comments, as did C-support, etc. It wasnt until she SUED that she even got an offer for assistance... that is probably when the in house counsel with half a brain saw the problem and said:

"shit, she can ream us under _______ statute by senator _______, ZOMG, SEND HER AN OFFER NOWWWW"

 

Well, it was too little, too late at that point.

 

What makes it worst of all is that it is not just a breach of the warranty to service her promptly and appropriately, but they LOST HER PERSONAL PROPERTY, entrusted to her under that contract....

then refused to assist her in locating said property, or seeking speedy, immediate replacement with a newer computer, etc. considering that they lost hers with all her info... sure, the new comp may cost more monetarily than the old one, but it is still cheaper than the legal fees for the 54 M dollar suit that came.

 

I have no sympathy for a company that cant keep its affairs in order, especially one of the size of best buy.

 

Everyone loves to blame the lawyers, until they need one, or want to avoid paying their actual share in taxes, estate fees, divorce split costs, serving time in jail for being a dick, rapist, criminal, etc, or they leave a napkin in some patient...

 

after these events occur 97% of the public will tongue our collective legal asses in a handstand while taking a shit to get our help.

 

BTW, contingent agreements are only allowed in non-criminal, non family law matters... before everyone starts screaming "my wife left me and the lawyer got paid more because of the split of the total amount of joint property"