Man Sues Home Depot after being Super Glued to Toilet

[BetteDavisEyes]

Man Sues Home Depot


Yet another frivolous lawsuit. If it were me, I'd think it was a hoax too.

[hoosier]

I think it's in the Constitution (Article IX.aa/b I believe):

"You must look at the toilet seat before sitting." Especially in public johns.

[Kevin]

We talked about this in my torts class today. Home Depot did have a duty of reasonable care towards the fella, and it could be argued they breached it. He's going in on an Intentional Infliction of Emotional Distress claim. We felt like it wasn't frivilous, but we're a bunch of 1L's... so what the hell do we know

[hoosier]

Originally posted by ktsnake
We talked about this in my torts class today. Home Depot did have a duty of reasonable care towards the fella, and it could be argued they breached it. He's going in on an Intentional Infliction of Emotional Distress claim. We felt like it wasn't frivilous, but we're a bunch of 1L's... so what the hell do we know

Law school question:

What's the attitude towards "loser pays" to prevent friv. lawsuits?

[Kevin]

Originally posted by hoosier
Law school question:

What's the attitude towards "loser pays" to prevent friv. lawsuits?

So now that I'm a 1L, I'm capable of commenting on behalf of the legal profession? I can't give you the "law school attitude". My personal view, however, is that it's a bad idea. Most states have allowances within their systems for the winner to sue the individual that filed suit for attorney's fees. A judge or jury can then decide if that claim has merit based on the facts.

Motions for attorney's fees are commonplace, at least in Oklahoma.

[SOPi_Jawbreaker]

My question is who the hell sits on a public toilet? Somebody's mom didn't do her job scaring her kid about public restrooms.