The Worship of Sports in America

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How The Middle-Class Got Screwed (Video)

A most simplistic explanation of how the economic problems of the middle-class has become an actual threat to their well-being.

Why I'm Not A Democrat...Or A Republican!

There is a whole lot not to like about either of the 2 major political parties.

Whatever Happened To Saturday Morning Cartoons?

Whatever happened to the Saturday morning cartoons we grew up with? A brief look into how they have become a thing of the past.

ADHD, ODD, And Other Assorted Bull****!

A look into the questionable way we as a nation over-diagnose behavioral "afflictions."

Showing posts with label Lawsuits. Show all posts
Showing posts with label Lawsuits. Show all posts

Thursday, August 7, 2014

Smokers Suing Tobacco Companies & The Blame Game!



At times, the dissonance, ignorance, and audacity of Americans is a marvel to behold. Sure, this applies to both political and social issues that I often talk about. But what I’m speaking of this time around is our propensity to perpetuate America as a blame-oriented society. The latest ballsy—and utterly irrational—high-profile event to cement this sad aspect of our country’s thinking is last month’s $23 billion dollar trial court judgment in favor of the widow of a 20-year smoker who died at the age of 36 from lung cancer. According to reports, Michael Johnson Sr. died in 1996, 20 years after he had started smoking as a 13-year old. If my math is right, that would have him starting smoking around 1976—long after it was established that smoking was a health hazard. Now I remember being in elementary school during the 1970s, and I also remember being taught how bad smoking was in school. But there is some part of me that wonders how is it that the parents of a 13-year old boy missed the obvious signs of such a high-profile habit—particularly in the 70's when parents were considerably more responsible than they are today? Johnson knew the health risks of smoking, even after he could grasp them as an adult—they were printed right on each pack of the cigarettes he’d purchased. And since apparently he was a chain smoker, that means hr had to have read the Surgeon Generals’ warnings at least once a day for 20 years. His widow had to have known this too. Yet, she initiated what amounts to a frivolous lawsuit against the tobacco company, ignoring her ex-husband’s free will decision.
At any rate, what this episode reveals is our continual obsession with the need to blame something or someone—anyone—for misfortunes that befall us (or our loved ones). Someone must be at fault whenever bad things happen. We’ve grown too quick to not only assign blame for our misfortunes or personal decisions, but we love to sue, as if to punctuate who we assign blame to. We have to blame someone or something other than ourselves. We blame teachers because our children aren’t learning, as we seek to further overburden them with even more duties and responsibilities—with none of the authority. Or if our kids don’t learn, we blame some imaginary malady or invent some new alphabet soup “syndrome" to explain away their “inability” to learn. We blame the politicians we elect for non-functioning government—but insist that they be beholden to our partisan beliefs, which causes the gridlock we see. If someone takes a gun and shoots up a school full of children, it must be the fault of greedy gun makers…or some “mental disorder” that “told” the shooter to do so (except if you’re black…then it’s just a genetic predisposition to engage in criminal activity). If our cars crash, it must have been some manufacturing defect (admittedly, in some cases this is true). If someone says something that “hurts” our widdle-bitty feelings, we sue for slander, libel, or whatever imaginary slight that the law recognizes as a “remedy” for such “offenses.”
The social and economic consequence for our “need” to find fault and place blame for misfortunes is a society that simply cannot function at optimal capacity. Disruptive children in already crowded classrooms are allowed to rob their fellow students of environments conducive to learning, as schools systems, teachers, and officials fear being sue by their parents (because somehow, it would ‘violate” the “rights” of disruptive students to be held accountable for their misbehaviors or removed for the greater good). Parent’s therefore do not parent to the best of their ability, knowing they can always take [their] children to a clinician and have them designated as somehow “impaired” (rather than accept that parents are the ones who tend to be impaired…in their ability to parent productively).
We now have a generation of young people who have no appreciation for life, or seemingly a major understanding of how serious the consequences are for taking a life. These youngsters are reckless, thoughtless, and impulsive. In fact, both children and adults in America are prone to doing impulsive things; and why not? We can always place the blame on the company that produced the item that we decided to use unsafely and/or irresponsibly. And that is why manufacturers have to put warning labels on everything, alerting customers to the obvious hazards in order to avoid the inevitable lawsuit meant to assign blame to their products rather than the users. And liability insurance that companies are forced to counter the threat of a lawsuit drives up prices for the products we use.
And we dare not look to our politicians for any kid of remedy for “irresponsible companies” that make “shoddy” products. They are too busy tugged and pulled in one direction or another by a fickle voting electorate that is too busy pointing fingers of blame at opposing political parties, ethnic/minority groups, and ideologies for why the country is in such a sad state of affairs.
Blaming others is why someone can win a declarative court judgment for spilling hot coffee on themselves and get away with blaming the preparer for “making it too hot” (rather than simply waiting until it cooled in an attempt to drink it). Or why 23 billion dollars can be awarded to the widow of an adult who chose to engage in an unhealthy behavior—that has been widely known to be a potential threat to health and/or life for going on 50 years.
This country will not get better until people—adults, youngsters, black, white, male and female—begin ownership of their decisions and the consequences.  We need to learn that not every event is foreseeable, or is worthy of blame.  We have gotten away from a certain level of fatalism --that often, bad things happen to good people (and vice-versa) that keeps us grounded in reality.  We cannot control everything, but we also need to accept that we are responsible for our own actions. Attempting to find and/or place blame for the calamities that befall robs of the understanding that we are mortal, and that our time here on this mortal coil is limited.  Some things that happen to us are of our own design, while others are an act of God (or fate). Some of us make sound financial decisions, while others make financially irresponsible decisions--both of which impact our lives for better or worse.  When we drive on the nation's highways, we are taking the same chance as we do when we walk out in the rain during a storm.  Lightning strikes some, and ignores others it's the same with smoking or anything else--you take your chances, and you accept the consequences, not blame others for them.

See also:  "What Suing Subway Reveals About Us"

Wednesday, February 6, 2013

What Suing Subway Reveals About Us

Have we become so undisciplined, greedy, and unaccustomed to getting our way in America that we can’t stand even the perception that we are not getting our full of whatever excess we wish to indulge ourselves in? Apparently so. A week ago, what began as an online point of consumer interest by an Australian-based Facebook user has evolved into (yet another) frivolous consumer lawsuit that reveals how questionable both our behaviors and our priorities can be.
The controversy began about two weeks ago, an Australian man posted a Facebook photo of a submarine sandwich from Subway, one of the world’s biggest fast food chains. The controversy lay in the fact that Subway has risen to the top of the fast food heap by advertising “footlong subs.” However, the sub sandwich posted on the Aussie’s Facebook page was shown to measuring only 11 inches, which contradicted sandwich-maker’s advertised claim of a its trademark sandwich being an entire 12 inches—a foot long. After the posted Facebook picture had gone viral, other Facebook users began posting their own photos of short sandwiches (allegedly) from Subway.
Of course this being America, those who felt somehow cheated out of consuming the earth-shattering, difference-making amount of the additional inch of food that Subway’s advertisement promised them in its commercials decided that the courts were the best place vent their rage. Several “disgruntled” Subway customers have filed multi-million dollar lawsuits against the sandwich maker for "pattern of fraudulent, deceptive and otherwise improper advertising, sales and marketing practices" (“Another Man Files Subway Footlong Lawsuit”).
Now, ignoring the fact that as a child, I and many others among my age group didn’t bother to measure the footlong hotdogs we were served for lunch at school (we were simply too busy being grateful for eating), I’m going to go out on a limb give Subway the benefit of the doubt. I’m going to assume that no deception was meant on the part of the franchise, and that there are some levels of food mechanics involved with preparing these sandwiches, such as baking bread shrinking or pre-baked bread only comes in one size. At any rate it seems that Americans, in our never-ending quest to see how many more inches we can put on our ever-expanding waistlines seem to forget that no matter how much we whine and moan about being cheated out of 2 more bites from a sandwich, that the laws of physics dictate that only so much food can be placed between 2 slices of bread.
And given that we as a nation already lead the industrialized world in rates of diabetes, obesity, and heart disease—all linked to diet—a more rational people wouldn’t quibble over a couple of additional bites of a sandwich. But in a country that actually promotes binge-eating as a competitive sport, we have truly sank to a new low in resorting to suing a fast food chain in an effort to maintain our sense of gluttony…one of the Seven Deadly Sins in case you forgot.
We seem to feel that we’re entitled to be spoiled.
The problem with such frivolous lawsuits is that they clog our already taxed court systems, as well as do nothing more than line the pockets of greedy lawyers who already suffer from a lack of ethics or morals. Another problem with lawsuits-as-a-remedy is that it presumes that money is the answer to all slights, injuries, or perceived hurts. We have become so litigious as a society that in many cases, constructive public policy in many areas is held hostage for fear of someone who feels somehow slighted or aggrieved getting a lawyer and suing. A teacher tries to discipline an unruly child in a class full of children who need to learn? Sue him/her. Someone calls you a name as a public personality and hurts your precious feelings? Reclaim your honor and sue them. An unforeseen accident results in a lost loved one? Settle for the next best thing to bringing them back from the dead; use their demise to line your pockets and fill the void their absence has left in your life…sue them!
Making money a panacea for every hurt we experience in the world kind of overinflates its value in the Grand Scheme. We’ve implicitly agreed that seeking money as a remedy for every hurt makes it the most sought-after substitute as an equivalent of our dignity, our self-respect, even the lives of our loved ones. The fact that we are so willing to seek monetary redress for the loss of any or all of these expressions of our humanity elevates money to the end rather than the means…beyond even its intrinsic value.
So why should we be surprised that we are willing to sue over a few lost bites of a sandwich? After all, our rates of obesity, our unhealthy eating habits, our propensity to sue for anything, and the focus we are willing to place on a 1 or 2 extra bites of a sandwich all prove one thing…that in the richest nation on earth, we Americans can still manage to stand out as the most greedy of people