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mick_ward
26-08-2001, 07:23 PM
g`day fellas,
Try this on for size,the government now charges us rent to use the beaches to fish, which were always considered as public property prior to this move.
As they now own the beaches and are charging us a fee to use them,can I sue them for dammages inflicted on my person the other night by one of their tennants?,(namely a bronze whaler shark).
If you or I are injured by tripping while walking down the footpath and injure yourself,you can sue the local council for damages!,therefore when we slice open our toes on ring pull can tops left on the beach,do we have the right to sue .
When you are charged for a service,there must be a liabilty attached to that fee, for that service isn`t there?.
What dou you reckon boys ,any bar room barristers want to make a comment?.......mmmmmmmmm.
cheers
mick

Zorba
27-08-2001, 06:23 AM
Hey Mick you do have a valid point there mate - maybe not so much with the whaler but you would have decent footing for a case if you had lost your footing on a government/council "maintained" track! (pun intended)

mick_ward
27-08-2001, 06:44 AM
G`day Zorba,
Look for the ads on tv very soon for fishermen\women who have been injured whilst fishing ,comming to a TV screen near you.
They may as well, they are touting for everything else, EH mate.
mick

aussiebasser
28-08-2001, 03:17 PM
Hi Mick,
Sounds more like the Americanization of Australia, where everybody blames everybody else for their own misfortune. It seems that these days, nobody is responsible for their own, or the childrens' safety.
If you do sue, who will you sue? If it's the state government, and I suppose it must be, 'cause I don't get charged to use a beach in Queensland, won't they just need to charge higher taxes to pay for the litigation from the lower levels of our society.
I've got a suggestion for you Mick, spend more time fishing, and less time politicing, you'll find that the world becomes a much nicer place.
cya,
Dale

Brett_Hoskin
28-08-2001, 03:42 PM
I can see it now.

" I am pensioner with 47 dependants and after tripping on a chip wrapper at the beach while playing volleyball I suffered serious injury. The injury stopped me from cleaning at the local pub for Cash in hand. So I went to Voices 2. The boss there wrote some insurance rules so he really knows how to get the money. Give voices 2 a call before you break your arm

;D ;D ;D ;) ;) ;)

mick_ward
28-08-2001, 05:53 PM
Hi Mick,
Sounds more like the Americanization of Australia, where everybody blames everybody else for their own misfortune. #It seems that these days, nobody is responsible for their own, or the childrens' safety.
If you do sue, who will you sue? #If it's the state government, and I suppose it must be, 'cause I don't get charged to use a beach in Queensland, won't they just need to charge higher taxes to pay for the litigation from the lower levels of our society.
I've got a suggestion for you Mick, spend more time fishing, and less time politicing, you'll find that the world becomes a much nicer place.
cya,
Dale


DALE,
Matey, pal, buddie,brother, fellow fisherman, lighten up mate!!!, take a deep breath,and stop taking everthing so dam serious.
Stick both pointers in the corners of your mouth, and push, soon you will see the resembalance of a smile,but if you hear a crack,don`t sue me will ya "mate.
cheers mate
mick ;D ;D ;D ;D ;D >:( ;D >:( ;D >:( ;D ;D ;D

Burley_Boy
12-04-2005, 06:03 PM
Unfair things happen to plenty of people. Bullshit claims don't make life fairer.
Limit the size of the claims I say!
People will always look for ways to get rich others will always be out of pocket or unfairly treated. Get over it and go fishing.

el_carpo
12-04-2005, 09:09 PM
If the government owns the beach, it is tax money that maintains it. That means you are paying twice to fish on land that ought to be open to you. Talk about Americanizing Australia. That hustle could have come right out of my beloved Illinois toll authority's scheming brain. I don't blame you for being ticked off Mick.

I am just guessing of course, but it sounds like they are trying to discourage fishermen from fishing there. It's a common tactic. Banning it outright would create a storm so they make it so you won't want to go there. It's win/win for them. If you do keep going, they make money, if you stop, they succeed in keeping you away. Oldest trick in the book. Was there talk of banning fishing there? Green groups making a stink lately? Any other groups wanting the beach for themselves? Does everyone have to pay a fee to go to the beach or just fishermen?

My hunch is probably wrong. Maybe they just need the extra money and don't want to raise taxes. It's rare to meet a politician who doesn't like taxing folks but it may be.

E.C.

neria
13-04-2005, 02:37 AM
Mick,
Can you pass on the name of your solicitor thx was attacked by cigarete butts the other day while trying to catch a few dart on a reputable gold coast beach during daylight hours
Cheers Neria

whichway
13-04-2005, 03:21 AM
In today's paper, reports of someone suing the organisers of a touch football competition because of injuries received.

Obviously the world will become a better place when there is no touch football.

Whichway

finga64
13-04-2005, 03:59 AM
Hey Whichway, was that no touch football or no solicitors :-/ :-X
Just wait until there are liability wavers for everybody to sign before they go on a beach. They're coming to a public place near you soon ;D
Remember to wear thongs
Scott

mini696
13-04-2005, 04:17 AM
At least the Australian system doesn't allow for the massive payouts the American one does. Australian courts are also smarter, they expect you to have a minimal amount of competance (sic). They dont award payouts for acts stupidity or not using common sense.

Mick

NQCairns
13-04-2005, 04:40 AM
I believe personal suits should be regulated to a degree, but in this day and age the only power the individual has got to right a wrong or to 'stand up' is through a court awarded payout/win. The Government identified this and 'fixed' the problem to a degree so that our voice was noticeably smaller.
The Government works for it's self and business works for it's self, interesting how sometimes they align together - for the public good :o of coarse ::).
There is movement I read where real justice for the powerless might be making a comeback even slightly.
Just a thought but if the executive were made personally accountable for a % of the problem their management causes or for any of the wrongs done, they would then be forced to do the job they are paid to do, the same as any commoner who walks the street.
Way too many 'untouchables' is OZ, IMHO. nq

DaneCross
13-04-2005, 06:33 AM
In today's paper, reports of someone suing the organisers of a touch football competition because of injuries received.

Obviously the world will become a better place when there is no touch football.

Whichway
Would be better for me Whichway, broke my neck playing touch :'( Still, would never discourage anyone from playing it though, I loved the game, just a freak accident :-/
DC

finga64
13-04-2005, 08:39 AM
Good on ya DC, [smiley=2thumbsup.gif]
My hats off to you mate.
Now that's the Australian spirit that everybody is talking about.
Cheers
Scott

Volvo
13-04-2005, 09:08 AM
:)G'day Mick n good ta see you onboard, all we need is Punkin ta join in the chat( have spotted him in the foyer on occasions ;) ) n we can light a fire, open a bottle n toast some marshmella's over the logs Lol..
Hows it going mate???
Cheers

whichway
13-04-2005, 02:38 PM
I'm afraid my comment re touch football was a poor attempt at irony. The world will be a sad place without touch football.

Just to clarify my position, the logical, although extreme consequence of increasing litigation, is the end of any activity that involves some risk of injury. >:(

Unless the pollies act on this issue, then the Courts will drive the world in this direction. [smiley=argue.gif]

While it's a bit of a p!sser at the moment, when they start shutting boat ramps because people are slipping over and getting hurt, we'll all be majorly upset. [smiley=angryfire.gif]

Anyway, I'm way off topic, I'll leave it at that

Whichway

BigE
13-04-2005, 04:10 PM
;D ;D ;D ;Dwhat if i strain me eyeball at a topless beach ;D ;D ::) ::) ::)

blaze
13-04-2005, 05:38 PM
Funny thing this suing people, years ago my daughter fell off a dodgy bit of playground aparartus and had major surgury to repair the damage to her knee. spoke to the caravan park and suggest a few ways he could make the aparatus safe (it was held together by zinalume tin and nails). Driving past the same park 3 weeks later and NO modifacations had been done. Spoke to friends involved with queens council in melboune and very reluctanly we proceeded to sue (not much mind you, just enouth to cover med expensise and a small amount for plastic surgury in the future) was told that because of our action the courts would recomend repair/replace of aperatus.
Well bugger me, recently drove past the same park 10 years after the event, well you guessed, still there, still the same. Maybe some people never learn
cheers
blaze

Dodgy_Back
14-04-2005, 05:52 AM
Being able to sue someone for rightful compensation for injury not your fault is very important, as I recently found out.
But unfortunatly due to people making frivolous claims ,bogs down the system for the people in real need.
People must be aware that slipping on wet concrete while wearing broken thongs is no ones fault but thier own !! and should not be able to make claims for it.
I have not been able to work for almost 18 mths due to a work accident and won't be able to return to work.
I did'nt even think about taking action , thinking it's not the right thing to do .
But looking at losing everything you worked for , simply because of some one elses fault is a pretty hard thing to handle.
For this we must be able to sue but because of people making stupid claims makes it harder for us.
Hope I haven't lost track here but hearing people joke about the issue upsets me .
Mick

finga64
14-04-2005, 08:33 AM
Good on you Dodgyback,
The key word you used is rightful!!
I have been unable to work for the last 8 years but fortunately I had income protection insurance. If you think working for a boss is hard you should try to keep an insurance company happy!!
The vast majority of claims to insurance companies are fair dinkum but, as usual, the minority of bogus and stupid claims make it nearly impossible for the fair dinkum ones. :'(
What happened to that joker that dove into the surf in Sydney and sued the council, it's sad that he's in a wheelchair, but do we have to ring the council everytime we dive into the surf?? He was there, he should have checked. They used to teach us things like that at school. Do they still do it, or just how to sue somebody??
I have had to live on the dole for periods of up to 5 months because the insurance company are "reviewing my case". Try doing that and pay off a house! Vegemite and sao's sucks after awhile.
It too p-isses me off when you hear about people getting mega buck pay outs for tripping over their own two feet.
I am lucky, I had insurance. I pity the poor buggers with legitimate concernes that don't and are treated like leppers and it makes me madder when people like what Blaze has mentioned above get around seemingly impervious to everything. [smiley=evil3.gif]
I better go and have a ginger ale and cool down a bit.