Things to know about lawsuits in general
I am a law clerk for a judge in a trial court. “Trial court” just means we don’t handle appeals–we’re the lowest level court, which all judicial matters have to go through first. My courtroom handles a civil docket, which means we handle handle almost everything that isn’t divorce or criminal matters–this predominantly means lawsuits. I have been in this job for two years, and I have seen over 2,000 individual cases just in my courtroom alone. I also chat with the other law clerks in the other courtrooms about our most interesting cases. Frequently, we talk about the most ridiculous ones. What’s most striking to me, though, is how infrequently those cases come up. Keep in mind that each of us has approximately 1,000 cases a year, and 300 going at any one time.
In my time at court, I have seen perhaps 2 cases that were truly bunk. These cases really stick out. Of all my cases, that means that less than one percent of of them should never have been filed; one-tenth of one percent, in fact. Most of my cases have some value. And guess what? Both of these bunk cases resolved in favor of the defense. I’ll do you one better — neither were about crazy parents suing for stuff that happened (or could have happened) to their kids, nor were they brought against parents. They were about adults doing stupid things and then suing to paper over their embarrassing mistakes. Point being: the risk of a lawsuit by or against a parent is simply not that great.
The best stats I could find regarding the filing of bad lawsuits in general is here: http://users.polisci.wisc.edu/kritzer/research/rule11/rule11Jud.htm. After doing the math from these statistics, I (with help from my engineer husband) determined that in only 28 out of every 10,000 cases were sanctions imposed on lawyers for bringing a frivolous case. Once again, that’s less than 1%.
These are not perfect statistics, but it appears that they’re the best we have. They also don’t speak to the issue directly at hand (i.e., how often parents, and not just people in general, sue for ridiculous reasons), but we can probably at least accept that parents just aren’t running to lawyers every time their kid stubs a toe. Just as with all these other fears that Lenore highlights, the media hypes up the craziest cases, and the rest of us come away with the feeling that everyone is just looking for an excuse to sue. But that isn’t really the case.
Do people sue when they really have no reason to? Yes. But it’s such a tiny, fractional risk, it’s practically not worth worrying about.
If you do get sued, keep this in mind: when you finally get in front of a jury (which may not ever happen — the statistic thrown around in law school is that 94% of cases don’t ever get that far), the jury frequently assumes that the plaintiff is sue-crazy. It’s unfortunate, but people really believe that we live in an era where everyone hires an attorney for every little bump. And even if the plaintiff convinces them that their case has value, they get just enough money to handle medical bills and court costs – IF they’re lucky enough to get all that covered at all. Contrary to popular belief, plaintiffs don’t just get an arbitrary amount of money according to how much a jury thinks they deserve — they have to prove it up, and show how much money an accident has cost them. No one is getting an Italian villa, and even if a jury does try to award exorbitant damages, judges are able to reduce an unfair damage award. Furthermore, most organizations have insurance in order to defend against lawsuits, and many people who may have children in their home are already covered by homeowners insurance. So while a lawsuit is not fun, and can cause considerable expense and stress, it is also not likely to be the end of the world.
Lawsuits as they relate to parenting
I wish I could give more concrete stats about unnecessary lawsuits brought by or against parents, but they don’t exist. (Although I’m sure that at this very moment, some anal retentive lawyer is carefully picking through every single case ever filed in the United States to compile them for you.) I think we can agree that the statistics would probably follow along the same lines as the more general statistics listed above. In other words, such a tiny risk that you shouldn’t even bother to worry about it.
But what if the school/daycare/supervising parent does make a mistake, a serious one, and a lawsuit is warranted? We’re talking here not about frivolous suits, but the ones that could actually result in money awarded. Obviously, this happens – but not as frequently as people think. Please remember: (1) your child is unlikely to get injured or abducted in the first place, and (2) most people are reasonable and don’t want to be embroiled in a draining lawsuit even if they do have a really good case. To repeat: even when parents may have a perfectly good lawsuit, that doesn’t mean they’re going to go to a lawyer. I bet most of you have never met someone who was involved in one of these suits. I asked around, and NONE of my fellow law clerks (about 20 of them), NOR the Judge that I work for (who has been on the bench for over 20 years), has seen a case brought by a parent to recover for an everyday childhood accident or violence by a stranger, even ones that have merit. (I’m not including car accidents and medical malpractice – the types of things that are just as likely to injure adults.) This is despite the fact that our court encompasses a very large school district. That doesn’t mean these kinds of lawsuits don’t happen, but it does mean they don’t happen very much. Most parents just want their kids to be ok, and maybe want medical bills paid for if it has come to that; they aren’t out to make your life miserable.
As a lawyer, I need to sign off by saying that I am NOT your attorney, and none of this constitutes legal advice. But I hope it does make you feel a little bit better about the world your kids are living in. The bottom line is that people aren’t as litigious as you’d think, and lawsuits by parents for normal childhood injuries are rare.
So what can we do about this massive, unwarranted fear of lawsuits? We’d love to hear your ideas.
All the best! —Tiffany Gengelbach
Here are some ideas for helping to cut down on the fear of lawsuits:
Filed under: Bad Laws, Rules and Verdicts, Insurance repercussions, Uncategorized, Worst-First Thinking | Tagged: child insurance, child liability, fear of liability, lawsuit school. school liability, lawsuits and children, lawsuits parent, liabiility effect on school insurance school, parent insurance, parent liability, parent waivers, worst-case scenario lawsuit, worst-first thiking |