No risk to the person suing potentially. Law firms take cases on a contingency. They only get paid if the client gets anything. If the US had the Great Britain system where loser pays. Say someone gets clobbered by a flag - at the Home Depot Center watching the LA Galaxy. That person who got hit in the head could get a law firm on a contingency where the law firm only gets money if the person who gets clobbered in the head gets money. If the US had the loser pays like Great Britain - the person who got clobbered with the flag would have to weigh whether he thought he could win. If he loses - he would have to pay the Galaxy's attorney fees , plus maybe court costs if he loses. So under loser pays - you must think you have a good chance at winning.