A kayaker was killed in the Brandywine River by a falling tree a couple of years ago. It was an unfortunate accident, but like so many others, lawyers have made it even worse. The man’s wife is suing the canoe company that rents the canoes. The window attorney claims that even though canoe company didn’t own the property that the tree fell from, it was still their responsibility to take care of it. Furthermore,
The suit also said that the company should have had trained medical personnel on hand at the landing site to prevent “the death of boating customers struck by a falling dead tree.”
In otherwords, people who run a business must be prepared for any crazy thing that might happen. Acts of God are now the responsibility of small business owners.
They are throwing everything against the wall to see what sticks. I have been in this situation and it sucks. It is expensive, it diverts your attention from running your business and it is emotionally draining.
I hope this case gets thrown out. There should be a penalty for this sue and hope for the best approach. The root cause to this problem is judges with “empathy”. If judgment are based on emotion instead of the law, your chances of winning are never zero. Our health care system may have problems, but it is our legal system that is broken and in need of reform.
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