EDITOR'S COLUMN Civil Justice - For Safety's Sake, Vol. 12 No. 3 (1994)

William F. Gallagher

EDITOR'S COLUMN

Civil Justice - For Safety's Sake

As Americans from San Francisco to Baltimore and San Antonio to Duluth commemorate Law Day (May 1), it is vital to reflect on the contributors our civil justice system had made to consumer health and safety - and indeed to our quality of life generally. For more than 200 years, the American justice system has shone brightly as the vehicle of positive social change. Men and women across this country - regardless of wealth and social standing - know that if they or loved ones are injured by another, they can hold the wrongdoer accountable.

Our justice system, imbued with democratic principles such as the right to trial by a jury, give us the unique ability to improve consumer safety and health by changing wrongful conduct.

Last year, for example, a case brought by a St. Louis, Missouri, woman ultimately forced the world's largest pizza delivery company, with sales of more than $2 billion in 1992, to drop a policy that encouraged its drivers to take unnecessary risks. The woman had been seriously injured when a delivery driver ran a red light and crashed into her car. Several other drivers were not so fortunate; they were killed by negligent company drivers speeding to make a delivery.

After the verdict in St. Louis, the woman's attorney commented: "Really, what the jury was sayings is, `We want the policy to stop.'" Today, our roads are safer due to the plaintiff's perseverance and the opportunity for justice afforded by our system.

Other examples further document the improvements to consumer health and safety achieved through our civil justice system;

· defective medical devices such as jaw implants are no longer implanted due, in part, to claims brought by injured consumers; these devices have been ordered off the market by the Food and Drug Administration;

· automobile fuel systems have been strengthened and are less likely to explode in collisions;

· flammable children's pajamas are no longer on the market, and federal law now regulates the fabric in children's sleepwear;

· football helmets have been vastly improved, helping to reduce deaths and serious injuries to players each season; and

· cancer-causing asbestos has been strictly regulated and removed from many schools, workplaces and household products, after years of deceit and coverup by manufacturers.

As the result of cases brought in our justice system, trucks now have back-up beepers. Farm tractors have roll bars. Machines amputated fingers, toes, hands and feet now have safety guards.

These changes have been won by brave and determined plaintiffs and attorneys who represent consumers. Together they have forced the negligent and reckless - and sometimes even the malicious - to account for their acts. Juries acting as the conscience of the community have sent defendants the message that their behavior must change.

Yet, out justice system is continually attacked by critics who chastise it as inefficient and too indulgent of "frivolous" claims. They push for "reforms" to limit citizens' rights to bring claims. But what these critics really seek is special treatment for defendants whose negligence has injured someone. American manufacturers even state that liability insurance accounts for less than percent of the price of products. Is this too high a price to pay for safety? As for medical malpractice, studies have found that medical liability contributes less than 1 percent to overall health care costs. Against, is this too high a price to pay for safety?

The civil justice system has been the touchstone for our democratic ideals throughout our history. Americans demand that wrongdoers be held accountable for their acts. We look to men and women sitting as jurors - not government - to force wrong-doers to mend their ways. In the process, America has amassed an enviable record for consumer health and safety, prompting Japan and European countries to adopt consumer protections that resemble ours. As reflect on our justice system, we can take pride in our accomplishments but must remain vigilant to protect this vehicle for positive social change.