Frivolous litigation is essentially lawsuits that have no legal merit - no legal sense – and usually little chance of being won. These kinds of cases typically seem so ridiculous that most people can’t help but snicker when they hear about them; like suing the restaurant where you dropped your coffee on yourself and got burned. Other examples of such trivial pursuits include football fans who sued referees, fathers prepared to litigate over their fifteen-year-olds’ positions on high school athletic teams, a purchaser of Cracker Jacks who demanded damages for a missing prize, and a McDonald’s customer who sought $15,000 for damage to his teeth and marital relations caused by a defective bagel.
No one wants to get into trouble. Nobody wakes up and thinks, “Boy. Today, I think I’d like to test the limits of my legal and insurance coverage. Honey? Get the 4-wheelers out! We’re going to test them out on that golf course.” Trouble is a thing that pops up when least expected. The trick to taking care of trouble is making sure that as many of these little gaps as possible are not problem areas. Without being alarmists, it can be surprising the things that American adults can be found personally liable for. A large lawsuit can boil down to something simple like: