Maxim 8.5.38
Every man is liable to be sued wrongfully or without cause.
Source: Dow v. Johnson, 10 Otto (100 U.S.) 158, 193; Weisman, 75s
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The possibility of being sued without cause is a burden every man bears — the law provides remedies for frivolous suits but cannot prevent them from being filed.
Where this applies
- A doctor sued for malpractice by a patient she treated competently must still hire a lawyer and defend herself, even though the claim has no merit.
- A small-business owner receives a frivolous lawsuit from a competitor and must spend time and money responding, because the law cannot prevent baseless suits from being filed.
- A homeowner is named in a nuisance lawsuit by a neighbor who simply does not like her landscaping — the homeowner must answer the complaint even though it is groundless.
Legal domains
Cite this maxim
NeCede Max. 8.5.38 — Every man is liable to be sued wrongfully or without cause. — Dow v. Johnson, 10 Otto (100 U.S.) 158, 193; Weisman, 75s
Found an error? Suggest a correction →