CRM/LAW C101 Chapter 1: The Myth of the Litigious Society
1 May 2018
School
Department
Course
Professor
The Myth of the Litigious Society: Why We Don’t Sue
David M. Engel
Chapter 2: Like it or Lump it
• Lumping: when one obsorbs the wrong rather than taking actions against the other party
o Victims doesn’t confront the injurer in any significant way to seek redress
o No use of 3rd parties to demand remedy; rely on whatever resources they can muster on their own
• Claiming (opposite of of lumping)
o Any effort by an injury victim to force the injurer to provide remedy
o May involve use of the law
▪ But may also occur through extralegal contacts with the injurer (directly or through 3rd
party)
• 4 stages in the development of claims
o Unprerceived injurious experiences
▪ Victims who are unaware of their injuries would never asset a claim aginst the
responsible party
▪ They “lump” it without realizing so
o Naming: injury victims may eventually realize they have suffered harm
▪ They “name” their injury—a crucial first step in transforming injuries into claims
▪ Naming alone doesn’t invariable lead injured men/women to asset a claim
▪ Most still opt for lumping
o Blaming: individuals realize they’ve been injured take the next step
▪ Blame their injuries on the wrongful actions of other parties (i.e. negligent asbestos
manufacturuer)
▪ Blamining doesn’t guarantee that injury victims will rise up and take action
▪ Lumping is far more common
o Claiming
▪ Small # of injury victims do chose to lodge claims against their injurers
• Involve voicing their grievances directly/indirectly to the injurer and ask for some
type of remedy
▪ Does not necessarily inolve formal legal action; Victim can claim by
• Making direct contact w/ the injurer with a phone call/letter/email
• Invoking 3rd-party dispute resolvers
• Rely on a representative or proxy
▪ Use of lawyer and legal institutions is disctinctive type; but not the only one
Chapter 8
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find more resources at oneclass.com
