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Library - Consumer Rights
Consumer
Safety
LAWSUITS MAKE PRODUCTS SAFER
Lobbyists and politicians have tried to persuade the public that we
need to discourage lawsuits because they are a waste of resources.
This is only true if you consider making products safer a waste of
resources.
Various surveys of risk managers from large
corporations revealed that litigation had a significant positive
impact on the quality of products. The managers admitted that
products have become safer, manufacturing procedures have improved,
and label and use instructions have become clearer, as a result of
product liability litigation.
Lawsuits, and the publicity that surrounds them, can
increase public awareness of dangerous products, and put pressure on
government agencies to act. A recent example was the litigation
arising from numerous accidents involving Ford SUV's with Firestone
tires that suffered blowouts. After public concern grew because of
these accidents, Congress passed legislation requiring the National
Highway Traffic Safety Administration (NHTSA) to set new labeling
standards to make it easier for consumers to identify tires subject
to a safety recall. The NHTSA also launched a new campaign to
promote tire safety. Through radio announcements, print ads, and
brochures, the NHTSA tried to increase public awareness of the need
to perform monthly tire checks, observe tire load limits, and
maintain proper tire inflation levels. The NHTSA later proposed
higher tire performance standards.
An earlier example from the auto industry was the Ford
Pinto. During the 1970s Ford and other companies made cars with rear
fuel tanks. These fuel tanks exposed consumers to risk of serious
injury or death when they were rear-ended, even at low speeds. In
1972, when a car traveling 28 to 37 miles per hour hit Lilly Gray's
Pinto from behind, the Pinto burst into flames. Lilly Gray died from
her burns, and her 13-year old passenger, Richard Grimshaw, suffered
permanent, disfiguring burns over 90% of his body. Ms. Gray's family
and Mr. Grimshaw both sued Ford. The jury awarded Grimshaw $2.8
million in damages, and Ms. Gray's family $560,000 in damages. As a
result of publicity from this case, Ford recalled 1.5 million Pintos
to modify the fuel system. General Motors recalled 320,000 Chevettes
for similar modifications.
Without the publicity from lawsuits, the NHTSA and the
car manufacturers would not have been under us much pressure to act
quickly to make the tires and vehicles safer. More tragic injuries
or deaths would have occurred. The lobbyists and politicians
conveniently forget to mention this crucial benefit of lawsuits.
© Law Offices C. Joe
Sayas, Jr.
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