« Ambiguity: Further reply to Posner | Main | Two Questions for Professor Farnsworth--Posner »

May 03, 2010


Feed You can follow this conversation by subscribing to the comment feed for this post.


"One participant already suggested one way to reduce litigation costs: force companies to automatically pay upon a showing of injury."

Who will "force" the companies to pay? How much will they pay? When does "automatically" kick in? What on earth does "upon a showing of injury" mean?

Trial lawyers pick juries to answer these questions.


Also, many product liability cases today are tried on the internet as opposed to the courts. Confidential internal documents leak into the public domain and become viral on Google, ruining the reputation of companies with malicious intent. The internet can leave a trail of breadcrumbs for finding specifics about victims, injuries etc.

Then it boils down the veracity of those claims, whether they are genuine or contrived. Finally, the company either has to take responsibility or if all else fails litigation and/or settlement is a necessary option. Litigation can be important in some cases as is criminal prosecution, making money a motive to curb products that will harm people.

The comments to this entry are closed.