Warning: The Perils of Products Liability
Features • June 21, 2004
Making or Selling This Product May Be Hazardous to Your (Financial) Health
The waffle iron in our kitchen comes complete with 21 distinct warnings in seven languages concerning its use, including ...
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Subject: RE: Product Liability
Posted On: July 19, 2004, 9:45 am CDT
Posted By: Mike
Comment:
Hi Matt -
Your comment is right on point. Like the media, our legal system is a reflection of the values of the people. If juries did not hand out outrageous awards, these types of suits would not proliferate. There was even a case where the jury agreed the defendant was not guilty, but still wanted them to pay the plaintiff for their suffering!
However, trial lawyers are not free from blame. If you know you can take advantage of weaknesses in the law to unjustly enrich yourself, is it morally OK to do so? Under your argument, it would be. Lawyers regularly shop forums to ensure their high dollar cases wind up in "favorable" jurisdictions like Mississippi, West Virginia, Texas, where they know the judges are elected and see these cases as a way to reward their political contributors. Take a good look at our friend Rcihard Scrugs. And then take a look at the recent Mississippi bribery case: http://www.casewatchers.com/JusticeOliverDiaz.html.
Just because no one is stopping the trial lawyers from abusing the system doesn't mean what they're doign is right. Scrugs and his ilk are not out there to stop big bad corporations, they're out there to enrigh themselves at the expense of society. More than 50% of the money that goes through the tort system goes to the lawyers. http://www.ncpa.org/pd/law/lawb.html
It's true that society bears a large share of the blams, but the trial lawyers are working to keep those citizens from insisting on change through their ads, and they know the prospect of a big win looks liek afree lottery ticket to their plaintiffs. Add to that the inherent advantage an injured plaintiff has over a corporation in the eyes of a sympathetic jury, and the trial lawyers know if they can just keep meaningful reform from Federal legislation, human nature will ensure tort law will be a meal ticket for them years and years. Can you really argue that simple legislative relief, such as rules to prohibit forum shopping, and laws to ensure nationwide class action suits (like tobacco) must be heard in Federal courts, rather than forum shopped to abusive courts like Mississippi? This is the danger of having an ally of the trial lawyers in office.
Subject: RE: Product Liability
Your comment is right on point. Like the media, our legal system is a reflection of the values of the people. If juries did not hand out outrageous awards, these types of suits would not proliferate. There was even a case where the jury agreed the defendant was not guilty, but still wanted them to pay the plaintiff for their suffering!
However, trial lawyers are not free from blame. If you know you can take advantage of weaknesses in the law to unjustly enrich yourself, is it morally OK to do so? Under your argument, it would be. Lawyers regularly shop forums to ensure their high dollar cases wind up in "favorable" jurisdictions like Mississippi, West Virginia, Texas, where they know the judges are elected and see these cases as a way to reward their political contributors. Take a good look at our friend Rcihard Scrugs. And then take a look at the recent Mississippi bribery case: http://www.casewatchers.com/JusticeOliverDiaz.html.
Just because no one is stopping the trial lawyers from abusing the system doesn't mean what they're doign is right. Scrugs and his ilk are not out there to stop big bad corporations, they're out there to enrigh themselves at the expense of society. More than 50% of the money that goes through the tort system goes to the lawyers. http://www.ncpa.org/pd/law/lawb.html
It's true that society bears a large share of the blams, but the trial lawyers are working to keep those citizens from insisting on change through their ads, and they know the prospect of a big win looks liek afree lottery ticket to their plaintiffs. Add to that the inherent advantage an injured plaintiff has over a corporation in the eyes of a sympathetic jury, and the trial lawyers know if they can just keep meaningful reform from Federal legislation, human nature will ensure tort law will be a meal ticket for them years and years. Can you really argue that simple legislative relief, such as rules to prohibit forum shopping, and laws to ensure nationwide class action suits (like tobacco) must be heard in Federal courts, rather than forum shopped to abusive courts like Mississippi? This is the danger of having an ally of the trial lawyers in office.