Caps on Damages

Did you see the responses in the NYT this Tuesday to the “Fall Through the Legal Cracks” story we posted on our Facebook at the end of December?

From that story, we had highlighted: “[L]egal experts said that factors such as tort reform and rising lawsuit costs might be further dimming the legal system’s role in bringing such [dangerous product] risks to light.”

And from these fantastic responses – one a plaintiff lawyer and one a Professor:

Without the threat of recovery from lawsuits brought by plaintiffs and the potential for punitive damages, corporations have shown that they will not do what is morally required, but merely weigh the costs against the risks and take steps to discourage those who have suffered personal injuries and/or deaths of loved ones from suing.


Meanwhile, faulty ignition switches, exploding airbags and other dangerous products remain on the market much longer than they should, racking up profits for their manufacturers, with injuries and deaths as their unintended consequences.

Politicians who rail about the need for tort reform and damage caps never talk about what it means to those injured and their families. If they did, they would be talking about removing the damage caps in the interests of public safety and justice.

The whole article and LTE set is worth a read. It is absolutely vital that we ensure access to justice for those who have been injured or killed through the dangerous products that corporations have refused to pull from the markets.


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