try in which American owners, managers and workers have competed and won, tak- ing home 37 percent of sales and 48 percent of profits in world markets. Professor Mark Hager of American
University has written that American prod- ucts, “because of their superior reputation for safety, due in part to the efforts of prod- ucts liability, have a superior reputation in the international market place.” Professor Hager adds, “[I]t would be a grave risk to our international competitiveness to toy with the tort system that helps bring about that competitive advantage.”
The Real Danger
I could go on with example after ex- ample of how special interest groups propagandize in order to ad- vance their own interests. You might believe that I am doing that by responding to those articles with this article. Perhaps there is some truth to that. When you read the articles, however, look at the statis- tical data that the author provides and the source of that data. I sug- gest to you that our civil justice system is the best in the world. Is there room for improvement? Sure. Should innocent victims have rights taken away or have recover- ies limited to less than full compensation? No.
The danger to allegations of the type made in the anti-civil justice/ lawyer articles is certainly not that they may offend lawyers. The real danger is that average citizens will lose the right, not only to be fully compensated when they are injured by the conduct of others, but to have individuals, businesses and corporations held accountable for conduct that result in harm to oth- ers.
Because of litigation, automo- bile manufacturers have had to take products with exploding gas tanks off the street. Heat tape manufac- turers have had to recall heat tape that would catch on fire when plugged. Baby cribs that were de- signed so poorly that babies’ heads would catch between the rails caus- ing death have been re-designed. Coalmines that didn’t heed safety regulations now make attempts to comply with Mine Safety Health Administration regulations. Truck companies that didn’t care, now screen prospective drivers closer be- fore hiring them. The list could go on and on and on.
Winter 2000 Trial Reporter 13
Accountability
The fact is, when individuals and cor- porations have ignored state and federal law and acted recklessly and in disregard for human life, the civil justice system has held them accountable. Because of that, our country is a much safer place than it would have been if there had been less ac- countability. When individuals and corporations cause injury to others (be it damage to person or property), they must be held accountable for the harm they cause. That is the only effective deterrent to unsafe behavior we have as a society. The real danger is posed by the allegations pro- pagandized by industry articles. The facts
show that accountability equals safety. Without it, citizens and our families are placed at great risk of injury, disfigurement or death. One of the most popular themes in our society today is that people should be ac- countable for their own actions. So should businesses and corporations. Can the civil justice system be improved? Sure. Should it be gutted by placing caps on what inno- cent victims can recover, or by poisoning citizens with unsubstantiated propaganda, as special interest groups are doing? Not if you want to have a safer place for you and your families to work and live.
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