Years ago my fellow lawyer, Rick Alembik, gave me a bumper sticker that read “If This Vehicle Fails to Explode on Impact, Thank a Trial Lawyer.” While some folks have laughed at Rick’s bumper sticker which we display at our office, the message is absolutely correct. Even though big business is quick to demonize lawyers who represent people who are hurt by unsafe products, the undeniable truth is that litigation produces safer products and saves lives. Federal and state regulatory agencies are many times understaffed, underfinanced and at times too close to the industry they are monitoring to assure us that DOT or FDA approval is a guarantee of safety. Many times these agencies are totally dependent on making their decisions on the information they receive from the companies that seek governmental approval. As we have seen recently in the headlines, important test data never gets revealed, or is buried in a deluge of information that is sent to an overwhelmed agency knowing that it is unlikely to be found.
Private lawsuits filed by injured individuals against product manufacturers are certainly akin to the battle fought by David against Goliath. The litigation field is never level. No injured individual, nor his or her attorney, will have access to the resources possessed by big business and insurance companies with their high-priced law firms. Nevertheless, individuals and their attorneys do make a difference.
We are proud to be members of The American Association for Justice. The mission of the American Association for Justice is to provide a fair and effective justice system and to support the work of attorneys in their efforts to ensure that any person injured by the misconduct or negligence of others can obtain justice in American courtrooms even when taking on the most powerful interests. Recently, AAJ came out with a fascinating report that supports Rick’s bumper sticker. At www.justice.org/autosafety you will find “Driven to Safety: How Litigation Spurred Auto Safety Innovations.” I think you will find it interesting and I am confident you will agree that thankfully clients and their lawyers have the courage to right wrongs and to make products safer.
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