No legal rights in DR

[Malibook]

My vote is not to build a society that considers running to the courts each time they spill hot coffee on themselves. To use Scandal's word.. that's backwards in my thinking.

And to address point 7 and 24 in Malibook's post.. If you tell that to the folks in Ethiopia or Nigeria or our Neighbors.. they are sure to ask you where their rights are then and where they could go to claim them, or where is the restitution, as they are really in need of their rights.

Nobody here is defending frivolous lawsuits.

Pointing out the obvious that many countries have a long ways to go in the development of it's citizens' rights and quality of life does not negate the fundamental principles of justice.

Sh!t happens and is not always avoidable and people should be held accountable when they are responsible for inflicting damages upon others.

 

[J D Sauser]

reprocity

I have lived in the States and I don?t regret, I had a great time and nice memories. Still, one of the reasons I left was the judicial system... I know this thread is NOT about the US but let me just say this so you understand where I am comming from when I come back to the original subject.
One thing that has gone lost with all the suing culture that developed over the years in the States is that from the moment on you take the wheel you assume TWO risks:

1. That you may by accident and without any intention to do so, cause damage to a third party. In other words from the moment on you take the wheel you asume it OK to be a potential danger to your environement.
2. But equally, you take (and have to accept) the risk to become a victim of an accident caused by an other driver. Be equally at risk as you put others at risk.

In a society with an established 3rd. party (RC or liability) insurance culture like the US pretends to be this is called reprocity of risk. You asume a risk for accepting a risk.
Insurance payments will try to repair the dammage but you can or should not expect to become a millionair overnight because you suffered a little as you accepted the risk of causing similar suffering to an other person.
There is however one big problem in the States: Minimum liability coverage in most States is not sufficient to cover most basic accidents, especially involving bodily injury... thus most cases wind up in court.

Now, let?s get back to countries like the DR. If you drive in the DR you still asume the two risks above... but now, additionally you have to asume a third one. This is a country with a high degree of poverty. Thus you have to asume that you may suffer dammage from a 3rd party that is a) not or underinsured and/or b) may not have a finacial background to pay for the damage caused, ever in a lifetime. So yes, as a foreigner you will porbably have bought all insurance possible to cover costs resulting of your liability but you should also consider insuring yourself for the case you will suffer damage from a 3rd party who can?t face the damage caused to you. I know, this may not seem equitable... but to some, it may not seem equitable that some are richer than others.

... J-D.

 

[RHM]

Rediculous lawsuits are just that. But people need a basic course of action when they are intentionally( or through negligence) are harmed.

If we went with Chris' idea that the world is just full of winners and losers then we would have no rule of law. Everything would depend on your ability to take what you need and defend what you have.

I am soooo sorry if my "level" of discussion is beneath you, Chris. I am just a simple neanderthal.

Robert: Nobody has said anything about "imposing values". Go back to your tea.


Scandall

 

[MrMike]

If we went with Chris' idea that the world is just full of winners and losers then we would have no rule of law. Everything would depend on your ability to take what you need and defend what you have.
Scandall

But it kind of does, actually. Just because some of us (first world folk) live in a society that finds it convenient to (selectively) protect (some of) the weak and powerless (sometimes) doesn't meant the basic structure of nature has changed. It can all come crumbling down any moment just like it did in New Orleans last week.

Actually I think some good acountability all around would do wonders for this country, but I doubt whether lawsuits are the best way to assign accountability.

Lynch mobs have been known to make hit-and-run drivers acccountable in the DR though, not sure that's a good thing but at least it limits repeat offences.

 

[RHM]

But it kind of does, actually. Just because some of us (first world folk) live in a society that finds it convenient to (selectively) protect (some of) the weak and powerless (sometimes) doesn't meant the basic structure of nature has changed. It can all come crumbling down any moment just like it did in New Orleans last week.

Actually I think some good acountability all around would do wonders for this country, but I doubt whether lawsuits are the best way to assign accountability.

Lynch mobs have been known to make hit-and-run drivers acccountable in the DR though, not sure that's a good thing but at least it limits repeat offences.

MrMike, I'm down with that. I rarely, if ever, worry about myself. If we want to live like Lord of the Flies, no problem. I can scrounge and brawl with the best of them. But it is sad to see those who can't and without the rule of law they never will.

No complaints from me.

EDITED TO INCLUDE: Last example. Then I'm done with this thread (applause).

My old girlfriend's grandmother had one eye. One friggin' eye! When I asked my girlfriend what happened she told me that grandma went in for some routine surgery. Nothing too fancy. Easy stuff. The Doc screwed it up so bad that they had to remove the eye. I guess she's just one of the "losers". But hey, with our new system of "winners" and "losers" I could just go to the doctor's house and family and take what I need to compensate for my losses. No lawyers fees, no courts and judges! This is waaaay better. Thanks guys!

Scandall

 

[Chris]

Rediculous lawsuits are just that. But people need a basic course of action when they are intentionally( or through negligence) are harmed.

If we went with Chris' idea that the world is just full of winners and losers then we would have no rule of law. Everything would depend on your ability to take what you need and defend what you have.

I am soooo sorry if my "level" of discussion is beneath you, Chris. I am just a simple neanderthal.

Robert: Nobody has said anything about "imposing values". Go back to your tea.


Scandall

You're misreading, and by saying that people need a basic course of action, you're imposing your values.. I'll repeat and try to be succinct.. In the DR, you have a course of action... you can do, you can sue, you can cry.. you can accept.. any one of those and a few more. If you choose to sue, you'll be up sh!t creek without a paddle... But, you are free to do so.. So, you have a basic course of action. It is just that here no-one is sympathetic to you, so, you have to look after yourself, without harming others. The poster spelling out risks of 3rd party insurance, explained it well. Here in the DR, you have to be prepared to take another level of risk, with little real recourse.

If people are intentionally or through a mishap harmed in some manner, in other countries perhaps one follows the rule of law and go to the courts to get a monetary compensation. Here, it does not happen.

This is fact.. and not speculation.. it is what it is - this should be understandable even for a Neanderthal.. (damn, I did not think I could spell that word without checking back on your post ..)

I am not commenting that it should be different.. yes, many things should be different.. I am commenting that we should not impose our values on this country... This must change/or not, because the Dominicans want it to change or not... Is is a little like the law of the jungle today? Yes...

 

[RHM]

You said it much better that time. It is what it is.

Scandall

 

[nycuban]

I guess we are a victim of our own success. Can I make a claim?

I tend to agree with Christa... I can live without the ambulance chasers and lawyers advertising Jerry Springer style.

This is the DR, it's not the USA or Europe thank God.
Love it or hate it, it offers many of us a lifestyle that most of our 1st world counter parts can only dream of.

As I have always said... Nothing worse than attempting to inflict your own moral values on a foreign culture.

I understand what you all are saying but i still defend the USA on this topic. I MEAN, ITS ALL GOOD FOR SOME BUT I PREFER . "tO WANT TO DEAL WITH THE AMBULANCE CHASERS"..its SOME scary S..T!! To have to worry that the ambulance will never come and you will just sit there and die. I kind of appreciate the quickness (90% of the time) of the Ambulance in the USA.

I don't think its a matter of 'ATTEMPTING TO INFLICT YOUR OWN MORAL VALUES ON A FOREIGN CULTURE".. i mean doesn't every culture do that in some way. REALISTIC NOW!!!!!!!!!!!!

I feel good that if i am walking down the street and a freakin concrete hits me on the head because the construction works NEGLIGENTLY did not place it correctly that I can be compensated for medical damage that i did not cause. WHY NOT?

 

[nycuban]

I understand what you all are saying but i still defend the USA on this topic. I MEAN, ITS ALL GOOD FOR SOME BUT I PREFER . "tO WANT TO DEAL WITH THE AMBULANCE CHASERS"..its SOME scary S..T!! To have to worry that the ambulance will never come and you will just sit there and die. I kind of appreciate the quickness (90% of the time) of the Ambulance in the USA.

I don't think its a matter of 'ATTEMPTING TO INFLICT YOUR OWN MORAL VALUES ON A FOREIGN CULTURE".. i mean doesn't every culture do that in some way. REALISTIC NOW!!!!!!!!!!!!

I feel good that if i am walking down the street and a freakin concrete hits me on the head because the construction works NEGLIGENTLY did not place it correctly that I can be compensated for medical damage that i did not cause. WHY NOT?

One more than. I AM SO MUCH A DOMINICAN REPUBLIC LOVER... BELIEVE ME NOT CRASHING THE COUNTRY.. I just feel that in some ways. you have to just sit back and deal with the crap because like it was said before.. trying to fight it will just give you a headache. I mean.. you got people stealing eachothers lands, proving your rights its much more difficult in Dominican Republic. So, i quess it sums up to TAKE THE GOOD WITH THE BAD.

 

[Chris]

You said it much better that time. It is what it is.

Scandall

OK, you can come to my house now..