Sunday
(1)The ambitions of the political classes are danger enough but let no-one underestimate the threat posed by the therapy culture:
New York City taxpayers are probably going to be liable not only for the physical injuries inflicted in Wednesday's Staten Island Ferry crash -- which include ten deaths and about 60 injuries resulting in hospitalization, some of them horrific -- but also for damages potentially payable to all of the unhurt passengers, widely estimated to number 1,500. A "federal maritime doctrine allows all those who were in the face of danger and who suffered emotional distress to file for compensation, even if they were not physically injured". Among likely claims, according to Columbia law dean David Leebron, are those from "passengers who claim to now have a fear of ferries that affects their ability to commute and earn a living".
Damn, I'm thinking of making a claim myself. So what if I actually live in London? So what if I was 3000 miles away when the tragedy occured? I saw it on the news, didn't I? As a result I have been emotionally scarred, my life has been ruined, I can't sleep at nights, I keep getting flashbacks and...yadda, yadda, yadda.
Of course, the therapy culture wouldn't exist at all if it wasn't so well incentivised with rewards.
Speaking of the trauma business - sly and totally illegimate intrusion on the introduction of an interesting thread by David - Tony Blair was admitted to hospital with a heart problem. He has since returned to Downing St. I am sure we are all so relieved.
Does anyone think he may be feeling a little pressure regarding his intention of signing away the birthright of 59m freeborn Britons without their permission in a cause they reject?
If it was only a *little* irregular heartbeat, doctors could have gone to Downing St. That he went to hospital may mean he needed analytical machines. Anyway, it's from The Telegraph's online breaking news.
I only mention this in passing on a dull and rainy Sunday evening and apologise to David Carr, whose posts are always provoking, for the trespass.
Posted by Verity at October 19, 2003 09:12 PM
I feel traumatised by the jury duty summons I received. Should I sue the county commissioner of jurors? :-)
Posted by Ted Schuerzinger at October 19, 2003 09:16 PM
Eventually the pendulum swings the other way. Lawyers, politicians, professors, and bureaucrats will be be rewarded.
Posted by Carl LaFong at October 19, 2003 09:49 PM
When will someone sue the lawyer that encouraged a client to bring a frivolous lawsuit for the resulting trauma?
Posted by Tim Hall at October 19, 2003 10:11 PM
Verity,
No problem - that was potentially important breaking news. In fact, I posted it to the Blog before I read your comment.
Posted by David Carr at October 19, 2003 11:29 PM
I now find the Balboa Ferry quite intimidating:
Posted by Kevin L. Connors at October 20, 2003 12:09 AM
I remember hearing about a New York transit bus that was rear-ended by a truck and heavily damaged. About a dozen people on the street got on the bus and proceeded to act hurt, writhing in pain and clutching their necks. The problem was that the bus had been out of service at the time and was being taken to the maintenance garage.
There will probably be more claims than the ferry's capacity. OK, then they could sue because the operator negligently overloaded the vessel.
Posted by Ernie G at October 20, 2003 12:25 AM
PTSD is real enough. Policemen, firemen, and soldiers all have experience with it.
The problem is not the injury and it's after effects. The problem is that as of now there is no valid objective test for such injury.
It will come in time.
Until then we will have to suffer the fakers to make whole the truly injured. The other option is to make drugs available that PTSD sufferers prefer. Heroin and marijuana come to mind depending on the severity of the stress and the time since it's occurance.
Posted by M. Simon at October 20, 2003 01:03 AM
Mr. Connors:
I have been on the Balboa ferry. I used to enjoy that ferry. Due to your little "joke", I am unable to sleep or consort with my wife.
My attorney will be contactating you.
Posted by Carl LaFong at October 20, 2003 05:26 AM
David, thank you. I should have known that if I had only held off for the three or four minutes it took me to write and send the post, an alert Samizdata would already have it up online.
Posted by Verity at October 20, 2003 07:45 AM
And where does one sue for the trauma inflicted each day upon the readership by the authors resident in the Samizdata House, pray tell ??
Posted by Jeannie Fiona Macaulay at October 20, 2003 02:51 PM
"The problem is that as of now there is no valid objective test for such injury.
Seeing as PTSD is a psychological, hence subjective, disorder, I don't see how an "objective" test is even theoretically possible.
Sorry, Jeanna, you will find Samizdata not only judgment-proof, having no assets, but also possessed of a fine affirmative defense. Namely, you may not recover for any injuries that you sustain on this website because you have, in legal terms, "come to the nuisance."
Posted by R.C. Dean at October 20, 2003 02:57 PM
R.C. Dean,
What you wrote may be true but you forget that other tenet of civil law: The Attractive Nuisance. In the U.S., home-owners with swimming pools are reqiured to fence in, cover over, and use any number of means to keep the neighborhood rug-rats any from their pool less one of the little shits falls in and drowns. The swimming pool is known (in legal terms) as an "attractive nuisance". Therefore, any trauma suffered by Jeanna from Samizdata is the fault of Samizdata as it is most definitely an "attractive nuisance". End of case, where's my fee.
Posted by David Crawford at October 20, 2003 06:42 PM
I'm trying to get to my girlfriends, but the road outside the lawyers office is blocked by psychiatrists couches....
Posted by John P at October 20, 2003 07:17 PM
well! business is yet another trauma cause. Many a people I've seen suffering trauma because they lost their business.
Posted by Monty at November 5, 2005 08:04 AM
