bob said:
justhanging said:
I also object to the ACC system as a question of principle
for cars, houses and other property, individuals can elect to insure, or take the risk, an din the case of damage to said property, bring a claim in the Disputes Tribunal or civil courts for damages
our courts are not flooded with such claims because people either have insurance, or they can not afford to pay a lawyer, or they do a cost/benefit analysis and decided it's simply not worth it to bring a claim. they simply get on with life.
I see no reason in principle why personal injury should be treated any differently to other forms of damage/loss
err because it is very easy to value a car or house (or the damage to one) but a lot less certain on measuring and fixing a human. What cost for emotional harm and how do you independently value it?
Its a concern that you dont see a difference, are you not aware of the retards in the states who abuse the system to get their cash... i mean, day in court?
I was in seattle and san fran recently and it was unbelievable what lengths they go to so prevent culpability (not injury just culpability). Every time we got on and off the bus they warned us to look at the steps, use the handrail and take care as we got on and off... you just know that the one time they dont point out the obvious theyre going to get pinged as someone takes the opportunity for easy street.
You should not be able to profit from an injury except in the most extreme cases.
exactly, how do you measure it
but the legal system measures such things ALL THE TIME - it has to!
how do you measure a persons reputation? yet we have the law of defamation that awards damages for loss of reputation
we also have LIFE insurance - how do you measure or value that? yet we do through insurance
and the ACC system is equally artificial in that it has to place values on fingers etc
remember the different values placed on different parts of the body for lump sum payments?
then they did away with lump sum payments altogether robbing ACC claimants of meaningful compensation
now brought back I understand, but it's pathetic amount
many other ACC entitlements are paltry and no match for what the person could have obtained at common law
New Zealand is the ONLY country in the world where we have been stripped of our common law rights
you keep focussing on the worst excesses of the American system, but there are many countries such as the UK for instance which still have the right to sue for personal injury, and it has not spiralled out of control
also I would rather have OTT warnings in place, than encounter public hazards which people don't give a shit about fixing