Of slip and fall attorneys and wrongful death settlements
Tan Chin Siang
July 28, 2010
If one suffers injury after slipping on something along the road or pavement in public places, it is sometimes worthwhile to sue the owner of the property for compensation. In the case of wrongful death, which is death due directly to the negligence of another individual, company or entity, we can file wrongful death claims.
In the first case, the proper expert to approach are slip and fall attorneys, while to fight for wrongful death settlements the right person is wrongful death attorneys.
That´s quite straight forward, and it´s a common occurrence in developed countries. Thousands of such cases are filed annually.
But in developing countries, such cases are a relative rarity. The laws are viewed differently by the layman there and the attitude to sue is, in a way, not strong.
Take for example the simple situation of visiting a tourism site. In some of these areas, there are beautifully dressed girls and boys dancing or singing gaily. More often than not, tourists would take photos of them and publish them as postcards or in magazines for commercial purposes. No model releases were ever signed!
When these very same girls or boys see their pictures in postcards or magazines, very seldom do they bother to sue even though they had never consented to having their photos published.
The key reasons are (a) they don´t know how to go about suing the photographer and publisher (b) the lengthy time taken for the court to hear and then settle such cases put them off, and (c) they do not have the financial means to file such a lawsuit.
So, in the end, nothing happens. The girls and boys feel "contented" that they are now a celebrity of sorts because their pictures are published in some foreign publications, whereas the photographer who took the picture can sleep soundly, with money safe in their pockets.
In developing countries, those who really pursue lawsuits are those who can afford it. As for the others, the factor of time and money involved are deemed to be "turn offs´. The general attitude is "Alright, this unfortunate incident has happened, just let the water flow under the bridge, and may we be more careful next time." Period.
Oh yes, there´s another thing about lawyers or attorneys in some developing countries. Their signboards do not carry fancy names such as slip and fall attorneys or wrongful death attorneys. What you will see are something like this - "XYZ & Co., Attorney/Solicitors".
In the first case, the proper expert to approach are slip and fall attorneys, while to fight for wrongful death settlements the right person is wrongful death attorneys.
That´s quite straight forward, and it´s a common occurrence in developed countries. Thousands of such cases are filed annually.
But in developing countries, such cases are a relative rarity. The laws are viewed differently by the layman there and the attitude to sue is, in a way, not strong.
Take for example the simple situation of visiting a tourism site. In some of these areas, there are beautifully dressed girls and boys dancing or singing gaily. More often than not, tourists would take photos of them and publish them as postcards or in magazines for commercial purposes. No model releases were ever signed!
When these very same girls or boys see their pictures in postcards or magazines, very seldom do they bother to sue even though they had never consented to having their photos published.
The key reasons are (a) they don´t know how to go about suing the photographer and publisher (b) the lengthy time taken for the court to hear and then settle such cases put them off, and (c) they do not have the financial means to file such a lawsuit.
So, in the end, nothing happens. The girls and boys feel "contented" that they are now a celebrity of sorts because their pictures are published in some foreign publications, whereas the photographer who took the picture can sleep soundly, with money safe in their pockets.
In developing countries, those who really pursue lawsuits are those who can afford it. As for the others, the factor of time and money involved are deemed to be "turn offs´. The general attitude is "Alright, this unfortunate incident has happened, just let the water flow under the bridge, and may we be more careful next time." Period.
Oh yes, there´s another thing about lawyers or attorneys in some developing countries. Their signboards do not carry fancy names such as slip and fall attorneys or wrongful death attorneys. What you will see are something like this - "XYZ & Co., Attorney/Solicitors".
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