Are we a bunch of compensation-grabbing whingers?

NCD News: Are we a bunch of compensation-grabbing whingers? - 19.11.09

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Are we a bunch of compensation-grabbing whingers?: There is a perception that many things that happen in this country originate in the US. One of these is most definitely the tendency to sue for most mishaps, a trend that was popularised by the infamous 'McDonald's coffee case' of 1994. A 79-year old New Mexico woman who suffered third degree burns after spilling hot coffee on herself sued the company for supplying an 'unreasonably dangerous' and 'defectively manufactured' product. She was awarded $2.86 million by the jury which is the only figure people remember, not the fact that it was subsequently reduced to $640,000 by the trial judge, with an apparently lower out of court settlement being reached before an appeal was launched.

The case resulted in similar claims against McDonald's in the UK, which all failed, and in the company reducing the temperature of its coffee. Nevertheless, another lawsuit has recently been filed in Pennsylvania after an eleven-year old boy allegedly suffered second degree burns from spilt McDonald's coffee. The claim is apparently based on the coffee being served in a cardboard container with a loose lid.

Also suffering from burns, but for different reasons, is a 38-year old New Jersey woman. She claims to have suffered second and third degree burns to her lower back, breast and right thigh from hair remover. The $160 million lawsuit against Coty Corporation, the manufacturer of the Sally Hansen product, alleges that the hot wax boiled over from its container while being taken out of a microwave due to the container being negligently designed.

Another, potential, claim against McDonald's in the US has arisen after the company's famous golden arches sign blew onto a car in sixty miles per hour winds. The male occupant required 70 stitches to head wounds while his wife suffered a fractured spinal column and fractured sternum. As yet, there is no news of any claim being made although it would be surprising if one were not.

The recent Pirate Bay case reverses the trend for individuals to sue large organisations, with the music industry winning its battle against the website operators over illegal downloads. It is now believed that other cases against file sharing sites could follow and that proposed UK copyright laws may lead to tougher action including entertainment companies suing illegal downloaders and sharers for compensation.

One of the more bizarre cases from the US, and there are quite a few, is that of a Montana man who sued media giant Viacom over its MTV show 'Jackass'. The man says he had changed his name to Jack Ass in 1997, three years before the show started, in order to raise awareness over the dangers of drunk driving. He claimed at least $10 million in damages on the grounds that the programme committed trademark and copyright infringement on his legal name, resulting in injury to his reputation and defamation of character.

Another burns case involved an Apple iPod touch that supposedly spontaneously combusted even though switched off. The device was in the pocket of an eleven-year old schoolboy and apparently caused second degree burns to his leg after setting his trousers on fire. The claim is for $75,000 plus punitive damages as a result of 'pain, mental distress, emotional distress and otherwise for the rest of his life'. It appears that a large part of this distress has resulted from it now being commonly known that the boy wears spandex underwear. †