Thursday, April 19, 2012

Are Civil Lawsuits Good For Society?

There is almost no one who would answer yes to that question. That is, no one who has ever been injured by a defective product or through medical negligence. The decision to bring a claim is always a difficult one. Our clients always tell us how hard a decision it was to just consider bringing a claim. Ultimately, the conclusion reached is that a claim is the only way to gain a degree of compensation for their loss.

Civil claims have a broader social value as well. Consider the Ford Pinto. Ford knew that there was a design defect in the placement of a bolt adjacent to the gas tank. The cost to remedy $3. It elected to produce the vehicle without the protection. Ford entered into a cost/benefit analysis of payments they would have to make from injury claims compared to the fix. In the 1972 case involving death of a 13 year old child who was killed when the family Pinto was rear ended and burst into flames. The jury took into account the company's cost benefit analysis in making its award. Awarding the entire amount Ford thought it would pay for all such claims.
Grimshaw v. Ford Motor Co., 1 19 Cal.App.3d 757, 174 Cal. Rptr. 348 (1981).

Civil lawsuits have the potential to have companies and individuals act more responsibility at the front end, making ours a safer society and ultimately reducing the number of claims.

Michael Quinn, Esq.