View Full Version : About time
kuro_kitty
2004-10-26, 10:15 PM
I read in the news toay that a Black American is suing an optical compnay for being denied entry, based in his race.
http://www.japantoday.com/e/?content=news&cat=9&id=316693
I was wondering when the 'suing phenomenon' would hit Japan.
On a similar topic....Many times I have nearly tripped on protruding objects on the sidewalk whilst walking down the street or been hit with sliding shop doors, thinking, that if that happened back home, people would be taking legal action for damages.
Coming from the commercial property industry I have a good eye for risks and there seems to be low risk management strategies employed in Japan, unless something major happens i.e. the little boy who got caught in the rotating doors a few months back.
Bluedog
2004-10-26, 10:44 PM
"suing an optical company"
I saw the headline this morning and spent a while wondering what kind of "optical company" would refuse entry to someone. It turned out to be a friggin optometrist. They should be more careful with their translations. Optical companies make lasers and big boys toys. Optometrists make glasses for vision.
I spent a while wondering because my DNS was broken and I could only read the headline but not the article.
kurogane
2004-11-02, 02:17 PM
So, if, like, your avatar's chest to mouth missiles were, like, making me absolutely F'in nuts, and I drove over someone, could I, like, ya know, sue you?
Please say yes.
;)
smallworld
2004-11-02, 07:24 PM
I read in the news toay that a Black American is suing an optical compnay for being denied entry, based in his race.
http://www.japantoday.com/e/?content=news&cat=9&id=316693
I was wondering when the 'suing phenomenon' would hit Japan.
Hmm, not sure if I agree with the assumption many people have that all aspects of American culture eventually spread to other countries. The "suing phenomenon" has been going on in the States for decades, but has yet to spread to Canada, England and other western countries. At least not in a big way.
This guy suing the optometrist is not doing anything unusual in Japan, he is not even the first foreigner to sue a business for refusing service. Minorities have been fighting for their rights for centuries in Japan; in past centuries this took the form of rioting peasants, more recently the buraku and Zainichi have sued for their rights.
So I don't see what this guy is doing as "American" at all; he is merely a minority demanding fair treatment. I totally support him and wish him success.
Gotta agree with you about the lack of risk management and the many dangers here though. Scarey.
kuro_kitty
2004-11-05, 03:15 PM
I'm not sure whre you get your info or apparent experience from but in Australia, the so-called suing phenomenon is hitting big time and has been for about 10 years.
Everything is about public liability, discrimination, defamatory material, etc.
It's crazy at the moment, especially the lower income families constanty devising ways to get the next dollar. Having worked in property management in a lower income area I have witnessed many idiotic set-ups where customers will try to plant spillage on the property floor, their friend/accomplice will wa;lin the spill seconds later, slip and injure themselves then try to sue the owners of the property.
Thankfully we had excellent surveillance systems and were able to not only embarress the losers, but ban them from the property.
I think Japan is a few years behind (as with most social attitudes) but will catch on soon, therefore spreading this so-called American phenomenon.
smallworld
2004-11-05, 05:53 PM
I suspect that Australia is an exception to the rule; take a look at Canada, a country far more influenced by America than any other country. You'd expect that with the close proximity and very similar culture, litigiousness would have spread North and taken hold years ago. But no such thing has happened.
And litigious society or not, there is a huge difference between a petty personal injury case and a case of racial discrimination.
kuro_kitty
2004-11-05, 05:59 PM
I wasn't trying to talk about specific cases smallbrain! I was simply interested in people's opinions about the suing phenomenon as a whole general topic. Petty or not, the people are still trying to sue or prove negligent action.
smallworld
2004-11-05, 06:25 PM
I wasn't trying to talk about specific cases smallbrain! I was simply interested in people's opinions about the suing phenomenon as a whole general topic. Petty or not, the people are still trying to sue or prove negligent action.
Oh, sorry. My bad. I must have been confused by your first post. You know, the one where you talked about a specific case.
stillnosheep
2004-11-09, 11:01 PM
game, set, match smallworld!
spacetiger
2004-12-02, 09:15 AM
I wasn't trying to talk about specific cases smallbrain! I was simply interested in people's opinions about the suing phenomenon as a whole general topic. Petty or not, the people are still trying to sue or prove negligent action.
Hmmm. Not sure whether you're for or against the whole "duty of care" thing. You say it's crazy in Oz, but your first post is called "It's Aboout Time" like it's a good thing. A large part of my current job invloves dealing with Subponeas served by lawyers who can't even string a sentence together on behalf of someone who tripped over & wants a payout. Standard Statement of Claim is A$750,000 due to the fact that the organisation I work for is loaded. Over 95% of claimants are elderly or middle-aged women. Why? High heels, & unsrupulous lawyers who convince them that because of their age & sex they have a good chance of winning their suit. Unfortunately this is true, but our Risk Managment Unit doesn't mess around, if we beat them we nail them for Costs. My opinion? The only big winners are the lawyers & the insurers.
kuro_kitty
2004-12-02, 10:57 AM
I'm against people taking advantage of it, but it should be available for those who are seriously injured or debilitated as a result of the council's or shop keeper's negiligence. The footpaths are terrible and you could so easily trip and crack your head open.....not through fault of your own but because there are so many holes and gradients in places where you least expect them.....as fo shop keepers....wow.....I've never seen so many hazards stacked in front of fire escapes and just in common walking areas....just waiting for people to trip. If people started suing then at least it would give shops and councils a push to provide safer environments for people.
Morning Star
2004-12-02, 11:38 AM
Not in Japan, sweetie. The good of the many outweighs the good of the few.
The legal system isn't set up to handle redistribution of wealth like it is in the States. Companies don't like to spend a lot of money on "safety features." If you get emasculated on the job it's because you weren't being careful enough. If you fall down non-regulation sized stairs into a bucket of diseased medical waste, it's because you're a bumbling idiot.
People accept this and they aren't particularly interested in fighting for their "rights" because it's embarrassing. Let Darwin's laws separate the wheat from the chaff, and you come out with a society that prizes risk-aversion.
madmaxxam
2004-12-02, 12:19 PM
Not in Japan, sweetie. The good of the many outweighs the good of the few.
The legal system isn't set up to handle redistribution of wealth like it is in the States. Companies don't like to spend a lot of money on "safety features." If you get emasculated on the job it's because you weren't being careful enough. If you fall down non-regulation sized stairs into a bucket of diseased medical waste, it's because you're a bumbling idiot.
People accept this and they aren't particularly interested in fighting for their "rights" because it's embarrassing. Let Darwin's laws separate the wheat from the chaff, and you come out with a society that prizes risk-aversion.
Now we need a nice middle ground between the US and Japan. And personally, if I had to choose one which was better I'd lean towards Japan. I like Darwin after all.