Sunday, March 13, 2005

U.S. Chamber of Commerce's "Study" of State Liability Systems

U.S. Chamber of Commerce's "Study" of State Liability Systems
Association of Trial Lawyers of America

Earth Shattering Study? Not Really

  • The U.S. Chamber of Commerce commissioned study of Corporate America's perceived fairness or reasonableness of the civil justice system is hardly a surprise.
  • The survey sought the opinions of senior corporate attorneys, those who work every day defending large corporations when they are sued by consumers or employees who have been injured or abused by the corporation.
  • The poll (by Harris Interactive, Inc.) is probably an accurate representation of opinions of in house defense attorneys working for large corporations with $100 million per year or more of revenue.

Wrongdoers Don't Like To Get Caught

  • A study isn't necessary to tell us that the attorneys working for Firestone are not happy with the legal system that holds Firestone accountable for the deaths and injuries caused by its tires. Similarly, any convicted criminal would say that the legal system doesn't work, and drivers who were punished for running a red light and causing an accident—or who were convicted of DUI—would likely also say the legal system treated them unfairly.

Survey the Victims

  • It would be more interesting and enlightening to annually survey people who were injured by Firestone tires, or Enron employees who were bilked out of their retirement funds. These people have only the civil justice system to rely upon to help them challenge decisions by multimillion dollar corporations that injure consumers, workers, and shareholders.
  • Because of our nation's legal system and the right to trial by jury, corporations can be held legally accountable when they physically or financially harm people. And the people who have been aided by the civil justice system—and as a result have forced corporations to make safer products and more responsible business decisions—would likely say the legal system works well. Ask the victims.

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