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‘Negligence: the last outpost of the welfare state’. This statement by Spigelman CJ in some ways reflects the current attitude of society. Due to the pro-plaintiff trend in judiciary decisions, individuals are indirectly encouraged to claim for damages. People nowadays seem to take legal action towards any misfortune that happens to them. As discussed by Spigelman CJ, the idea of everybody being taken care of by others is somehow a characteristic of our modern day society. It is a good idea for the state to exhibit paternalism to civilians, however, when it goes to the extent of civilians being totally dependent on the state to ‘protect’ and ‘look after’ them, problems arise. This idea is paralleled to the tort system which is dominated by pro-plaintiff decisions. Judges tend to ‘look after’ the plaintiff, hence the injured, to claim damages from the defendant, consequently insured. Not that these decisions are unjust, yet it exposes the community attitude of shifting the blame to the more ‘well-off’ of the society, hence the ones who are covered by insurance. This concept can be exemplified through Siobhan and Elise when they try to claim damage from various parties including employees whom their