From: steveh@thor.isc-br.com (Steve Hendricks)
Newsgroups: rec.motorcycles
Subject: Re: Goof2 Stolen at Gunpoint
Summary: Stories of Suits are Mainly Bulls**t
Date: 17 Aug 92 02:45:06 GMT
Distribution: usa
Organization: ISC-Bunker Ramo, An Olivetti Company

In article <1992Aug14.045652.11902@murdoch.acc.Virginia.EDU> cdw2t@dayhoff.med.Virginia.EDU (Clifford David Weston) writes:
>In article <DCAMPBEL.92Aug13181541@timshel.austin.ibm.com> dcampbel@timshel.austin.ibm.com (David L. Campbell) writes:
>
>>Actually, he'll sue you for personal injury and unfortunately he'll stand
>>a much better chance of winning.  You gotta hope he bites the big one.  Of
>>course, then his surviving relatives may sue you, or maybe the state will
>>put you up on manslaughter charges.  Ahh, the American judicial system at
>>work...
>
>i'm told that if someone climbs aboard my bike while it's parked and i'm not
>on it, should they fall and injure themselves, i may be sued (successfully)
>for their injuries.  the bike falls under the definition "attractive nuisance",
>much the same as someone climbing over your fence to hop in your pool, falling
>on the deck and suing you (happened right here in charlottesville) -- and
>winning! ...
>

I realize this has NOTHING to do with motorcycles, but I can't resist.  The
widespread notion of great injustice visited upon unsuspecting citizens 
by evil criminals who twist the judicial system to their own ends is
bullshit.  It is true that an "attractive nuisance" such as a 
swimming pool or construction site must be protected from entry (especially
by children), and it is true that citizens are not licensed to use DEADLY
force against an unsuspecting burglar by, for example, rigging a shotgun 
to fire when a door is opened.  These examples, however, are not the 
doings of a "liberal" modern judicial system; they are long-standing 
precedents in anglo-american jurisprudence with roots going back several 
hundred years.  And even then, in the great majority of cases such as 
these prosecutors will not prosecute or juries will fail to find for 
the "victim." 

For some reason, there is a widespread desire to believe that law-abiding
citizens are somehow routinely victimized by a conspiracy of "liberal" 
judges and their allies who favor the "criminals."  In fact, anyone with
much experience with the judicial system recognizes the biases tend to
run in favor of the police and middle-class whites and against the poor
and people of color.  Remember Rodney King?

Perhaps, however, a case does exist where a thief SUCCESSFULLY sued 
the owner of a vehicle when the thief was injured.  Can anyone 
provide documentation of such a case?  Idle speculation that such a 
thing could happen and "friend-of-a-friend" antecdotes don't count.
Until someone can cite evidence that this is more than a fantasy cooked
up by Dan Quayle and his ilk, I suggest we stick to discussions of
motorcycles.
--
Steve Hendricks                        |  DOMAIN:  steveh@eagle.ISC-BR.COM   
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