Re: [MBZ] Damage limits (was Re: Inertia reel seatbelts)
A friend of mine used to run a grain elevator. The law is (was?) such that if an elevator buys grain, and some other entity had a legal claim on the value of the grain (loan), the elevator, not the grower, is responsible for satisfying that claim. So lets say Joe takes out a producer loan, and grows a crop. Joe does not have a combine, so John combines the crops and in exchange gets 1000 bu. of grain. John sells his 1000 Bu at the elevator, and there is no claim that shows up in the search, so John is paid. Joe doesn't pay all if his loan, so the lender starts asking questions, and finds out that John was paid in grain. The lender then asks the elevator to pay the balance due, up to the value of the 1000 Bu John sold. Joe has no liability if the elevator pays the lender. The elevator has done nothing wrong but has to pay twice the market value of the grain. Twisted system, aye? My friend's comment was that there should be an open season on lawyers. Kinda a long way around to say the USA has way too many lawyers, and way too many ambulance chasers, like John Edwards. At 02:29 PM 2/28/2008, you wrote: In the 70s, three Supreme Court of Canada decisions effectively fixed the maximum pain and suffering damage recovery to $100,000. That figure is indexed to inflation, so today you'd be limited to about $300k. One of the rationale for fixing the amount at the time was that awards in the US were becoming outrageous, and the court wanted to avoid the social burden that the threat of such large awards would cause. Having recently moved to the US from Canada, I can tell you that people here seem obsessed with protecting themselves from liability in a way that is completely unlike anything I experienced in Canada. I can only conclude that potentially large damage awards are an incentive to sue, which in turn requires everyone to obsess about liability, insurance, product labelling, etc. D. At 6:07 PM + 2/28/08, [EMAIL PROTECTED] wrote: -- Message: 14 Date: Thu, 28 Feb 2008 11:37:25 -0600 From: R A Bennell [EMAIL PROTECTED] Subject: Re: [MBZ] Seeking inertia reel seatbelts W108/114/115 To: Mercedes Discussion List mercedes@okiebenz.com Message-ID: [EMAIL PROTECTED] Content-Type: text/plain; charset=iso-8859-1 Not sure I agree that the law limits what can be awarded in Canada. Part of the issue is that we don't generally have civil jury trials here. We get Judges who are more conservative than juries generally are. The other issue is of course that some jurisdictions, like Manitoba, now have a no fault system so we are not permitted to sue. We get whatever the insurer has decided we will get, if entitled to any compensation. Randy ___ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com Loren Faeth ___ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
Re: [MBZ] Damage limits (was Re: Inertia reel seatbelts)
Loren Faeth wrote: A friend of mine used to run a grain elevator. OTOH, the guy can incorporate his elevator, store grain for farmers, sell all the grain, spend the proceeds, and have the elevator declare bankruptcy. Since the grain is fungible, the farmers didn't own the grain, they were actually unwitting unsecured creditors of the now defunct elevator. ___ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
Re: [MBZ] Damage limits (was Re: Inertia reel seatbelts)
Yeah, we saw plenty of that in the 80s At 01:23 PM 3/1/2008, you wrote: Loren Faeth wrote: A friend of mine used to run a grain elevator. OTOH, the guy can incorporate his elevator, store grain for farmers, sell all the grain, spend the proceeds, and have the elevator declare bankruptcy. Since the grain is fungible, the farmers didn't own the grain, they were actually unwitting unsecured creditors of the now defunct elevator. ___ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com Loren Faeth ___ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
[MBZ] Damage limits (was Re: Inertia reel seatbelts)
In the 70s, three Supreme Court of Canada decisions effectively fixed the maximum pain and suffering damage recovery to $100,000. That figure is indexed to inflation, so today you'd be limited to about $300k. One of the rationale for fixing the amount at the time was that awards in the US were becoming outrageous, and the court wanted to avoid the social burden that the threat of such large awards would cause. Having recently moved to the US from Canada, I can tell you that people here seem obsessed with protecting themselves from liability in a way that is completely unlike anything I experienced in Canada. I can only conclude that potentially large damage awards are an incentive to sue, which in turn requires everyone to obsess about liability, insurance, product labelling, etc. D. At 6:07 PM + 2/28/08, [EMAIL PROTECTED] wrote: -- Message: 14 Date: Thu, 28 Feb 2008 11:37:25 -0600 From: R A Bennell [EMAIL PROTECTED] Subject: Re: [MBZ] Seeking inertia reel seatbelts W108/114/115 To: Mercedes Discussion List mercedes@okiebenz.com Message-ID: [EMAIL PROTECTED] Content-Type: text/plain; charset=iso-8859-1 Not sure I agree that the law limits what can be awarded in Canada. Part of the issue is that we don't generally have civil jury trials here. We get Judges who are more conservative than juries generally are. The other issue is of course that some jurisdictions, like Manitoba, now have a no fault system so we are not permitted to sue. We get whatever the insurer has decided we will get, if entitled to any compensation. Randy ___ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
Re: [MBZ] Damage limits (was Re: Inertia reel seatbelts)
My recollection is that there were cases from the SCC that gave multimillion dollar settlements based upon the cost of caring for severely injured folks for the rest of their lives. The, then dollar amounts were about 1 to 3 million if I recall which was sufficient to cause many of us to increase our liability coverage. Now that we have no fault insurance I suspect it would be a waste to insure for any great amount if one does not take the vehicle out of the province. Given that I occasionally run into the USA with the vehicles, it seems prudent to maintain coverage beyond the minimum just in case. Randy -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of David Bruckmann Sent: Thursday, February 28, 2008 2:29 PM To: Mercedes Discussion List Subject: [MBZ] Damage limits (was Re: Inertia reel seatbelts) In the 70s, three Supreme Court of Canada decisions effectively fixed the maximum pain and suffering damage recovery to $100,000. That figure is indexed to inflation, so today you'd be limited to about $300k. One of the rationale for fixing the amount at the time was that awards in the US were becoming outrageous, and the court wanted to avoid the social burden that the threat of such large awards would cause. Having recently moved to the US from Canada, I can tell you that people here seem obsessed with protecting themselves from liability in a way that is completely unlike anything I experienced in Canada. I can only conclude that potentially large damage awards are an incentive to sue, which in turn requires everyone to obsess about liability, insurance, product labelling, etc. D. At 6:07 PM + 2/28/08, [EMAIL PROTECTED] wrote: -- Message: 14 Date: Thu, 28 Feb 2008 11:37:25 -0600 From: R A Bennell [EMAIL PROTECTED] Subject: Re: [MBZ] Seeking inertia reel seatbelts W108/114/115 To: Mercedes Discussion List mercedes@okiebenz.com Message-ID: [EMAIL PROTECTED] Content-Type: text/plain; charset=iso-8859-1 Not sure I agree that the law limits what can be awarded in Canada. Part of the issue is that we don't generally have civil jury trials here. We get Judges who are more conservative than juries generally are. The other issue is of course that some jurisdictions, like Manitoba, now have a no fault system so we are not permitted to sue. We get whatever the insurer has decided we will get, if entitled to any compensation. Randy ___ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com ___ http://www.okiebenz.com For new parts see official list sponsor: http://www.buymbparts.com/ For used parts email [EMAIL PROTECTED] To Unsubscribe or change delivery options go to: http://okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
