With Liberty and Justice for All by Dr. Keith Swift.

Originally Posted By: gromicko
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http://www.nachi.org/andjusticeforall2005.htm


Originally Posted By: wdecker
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Dr. Smith;


I read and enjoy your articles, but I wonder, given that you are practicing in California and California has a reputation for being somewhat 'flaky' when it comes to the law and legal precident.

Do you, or anyone, have any experiences or knowledge of how things work in other states? Do license states, since the state has set up professional standards of practice, afford any greater protection to home inspectors who comply with the state standards?

I understand that not all NACHI members work in license states, but this could be a crucial difference.

Any comments?


Originally Posted By: jkormos
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Great question Will icon_biggrin.gif


Originally Posted By: kswift
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It’s no accident that Los Angeles is also known as La-la-land, but it’s my understanding that New Jersey leads the nation in litigation. Regardless, based on statistics from insurance companies and the lawsuits across the nation that I’ve been privileged to see, litigation is a threat to the entire real estate industry. Bob Pearson of Marion Allen Insurance tells me that it’s a number game therefore; we should all expect to be sued. And I can assure you that the majority of cases that I’ve been able to review–and believe me I don’t seek them out–have made an absolute mockery of justice. It’s a national disgrace. I can show you actual cases that would leave you shaking you head in utter disbelieve.


Originally Posted By: wdecker
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But to my point, what about the differences between licnese and non-license states? Any statistical difference?


My attorney, Andy Norman, has told me that state licensing affords a certain protection. Have you found this to be the case?


--
Will Decker
Decker Home Services
Skokie, IL 60076
wjd@DeckerHomeServices.com

Originally Posted By: kswift
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I don’t have any evidence, either way. However, if licensed standards were adopted and enforced, together with tort reform, which president Bush called for, it sure could make a difference. Remember, I am not an expert have never purported to be one, and have written and reasoned from the indisputable evidence that has come before me. It seems to me, that the representatives of insurance companies are probably the only ones who could answer your questions.


Originally Posted By: gbeaumont
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Hi to all,


I have to agree with Keith, tort reform is so overdue it is not funny, but so does the whole system of US jurisprudence. As Keith mentioned in another article, what was once based in common law (as in common sense) has been corrupted beyond all recognition.

Keith and I both come for the UK, and when we look at the American legal system in comparison to the English system, still based in common law, I know we both shake our heads in disbelief.

Remeber, this is the country that gave us warnings on coffee cups that the contents may be hot, and a jury gave a home owner $32 million dollars of mostly punative damages because their insurers didn't warn them about mold!!!!

Yes I know its a major over simplification of the issues but WTF?

Regards

Gerry


Originally Posted By: Nick Gromicko
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In the UK there is a strong disincentive to file a frivolous lawsuit: If the plaintiff loses, he/she has to pay the defendant’s defense costs.


Originally Posted By: pbolliger
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Hi all,


It can only be stated over and over you can be sued for anything anytime. Having a lot of lawyer friends ( do you feel sorry for me... ![icon_lol.gif](upload://zEgbBCXRskkCTwEux7Bi20ZySza.gif) ) in various area of law practice one has to come to the conclusion that the laws in there purest form where meant to be fair and impartial and not after the $ . Yet as so many have seen the legal profession has taken it upon themselves to "exploit" the system to levels beyond commons sense.

I heard and hear of many cases that should have never made to a court room to begin with but the lure of major settlements has driven the "legal" world to pursue $$$ more then the pure form of law. This has made a mockery of the legal system. Since when is it the primary function of lawyers only to "chase the dollar" and gain a big reputation as a big name in the "profession".

Having also worked for one of the largest law firms, (not as a attorney but support staff), in Chicago I had the opportunity to experience the environment.... I could not believe what I heard . Opinions and interpretations are argued to the extremes. The scary part of all of this is anyone is a target . Home inspectors can only hope that the next client will not be the one..

Businesses file for bankruptcy to stem the effects of lawsuits forcing companies to look elsewhere to conduct business. The U.S. is losing a lot of manufacturing due to the "class action law suits craze" . If I hit myself over the head with a hammer then why should the hammer mfg. be responsible?? Yet it happens..

Off shore companies fill this void and don't fear the legal repercussions since reciprocal agreements are nonexistence in some case. All the theft of intellectual property in China is a perfect case.

All the contracts on the planet do not protect you from a law suit. No wavier or idemification (sp?) is 100 % solid. You can only "harden" the approach of a law suit..

I sign your contract not as a lawyer but as a lay person , later I sue you. You claim we have a contract . I claim to the judge " I didn't know what I was signing".. You may lose since I claim I signed it under duress..


Happy holidays. ( Safe term)... ![icon_lol.gif](upload://zEgbBCXRskkCTwEux7Bi20ZySza.gif) ![icon_lol.gif](upload://zEgbBCXRskkCTwEux7Bi20ZySza.gif)