There is a compensation or litigation culture in America. It stifles business and has created a society in which individuals are constantly in fear of being sued. Many American teachers are the subject of claims being made against them on the basis that the school has considered taking action against an unruly pupil which could be said to violate the child’s rights. Frequently, American doctors refuse to write to their patients with any medical advice for fear of the communication being used against them. Although it must be right that there is a legal process to correct behaviour which is wrong, there is a general feeling that the rights of claimants in America have gone too far.
It begs the question as to whether we are in danger of adopting a similar claims culture in this country ? Could we ever get to the point of suing a manufacturer of burgers for making ourselves obese or sue the weatherman for being unduly optimistic about the weekend’s weather forecast ?
I believe that the Courts in this country have so far prevented a run-away claims culture. Whenever the Courts have been faced with a claim which is thought to push the boundaries, the Judges have made it clear that they will not allow an unrestrained culture of blame and compensation which can interfere with civil liberties. But is this your understanding of the position ? I can understand it if you have a different view based upon the number of adverts you may have seen by so-called ‘ambulance chaser’ lawyers with their no-win, no-fee offers or some of the exceptional cases reported in the newspapers.
The reality is that although we do not have a compensation culture in this country there is the opposite perception. It is the case that our society and the way we go about everyday tasks has been affected by this perception. You may have noticed the changes. Signs next to washbasins warning you that the water can be hot, school trips no longer taking place for fear of claims and the traditional children’s amusements in parks been removed for fear of injury. There is also a considerable financial cost. Insurance premiums are higher and additional red tape adds to the cost of business. Ironically, this is all with a backdrop of the number of cases actually being issued in the Courts reducing as a long-term trend.
As with many things in life, perception is everything. At least our Courts and the Government recognise the need to have a fair system for justice for needy cases without opening the floodgates to unreliable claims. What we now need to work upon as a society is our response to the fear or perception of there being a compensation culture.
If you need any help on dispute resolution issues, contact Raworths, telephone 01423 566666 or visit our offices at Eton House, 89 Station Parade, Harrogate HG1 1HF. Alternatively you can contact jonathan.mortimer@raworths.co.uk.
