Comments on: New Jersey Supreme Court Limits the Use of Punitive Damages

By: Walker

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By: Jill

Jill — Sun, 30 Mar 2008 14:43:51 +0000

Hey Susan,

It’s like a tree hugger (aka, dirty hippy) applied to technology, in this case, the collider. Move over Julia Butterfly. It’s time for Julia or James Strange Quark!

(I was just making another crack on JR on behalf of the father-in-law!)

P.S. I’m not proud of this, but I don’t know how to use emoticans. I will learn. You all are good with them.

Jill

By: Susan

Susan — Sun, 30 Mar 2008 03:40:32 +0000

Okay, Jill, I’ll bite; what’s a “collider hugger?” I have to admit that’s a new one for me.

By: Jill

Jill — Sun, 30 Mar 2008 02:15:55 +0000

Mespo and Susan,

I’m sorry I wasn’t clear in my post. I told you there was a wheat ball with my name on it! I agree with you both. As long as a company can figure out its liability, that’s what they’ll do–who cares about human health or life. Punitive damages aren’t readily calculated and thus serve as an important deterrent (at least sometimes!). And… You both need to stop supporting that collider hugger, JR!

Jill

By: Susan

Susan — Sun, 30 Mar 2008 01:02:06 +0000

As you said, Mespo, there are a lot of corporations that are all about making profits. They couldn’t care less about the people who are at risk of being seriously harmed or even killed by the dangerous widgets, be they cars or anything else. Then these same corporations demonize the people who can hold them accountable in the one way possible; separating them from some of their money.

It reminds me of that movie CLASS ACTION with Gene Hackman, which was about a civil case; a man suing a giant car manufacturer for one car’s deadly defect. While the movie had a happy ending (the “little guy” won big, and deservedly so), many real-life stories like it do not.

By: mespo727272

mespo727272 — Fri, 28 Mar 2008 22:19:59 +0000

Jill:

That’s always been the rationale but we seem to forget everything we learn about human and corporate behavior. If I can sell 5 billion dollars worth of dangerous widgets and limit my exposure to 1 billion in liability risk without the threat of punitive damages what save, my morality, would stop me. Delete “my morality” and you know how many businesses operate.

By: Jill

Jill — Fri, 28 Mar 2008 22:00:58 +0000

There was an article in the New Yorker many years ago about the importance of punitive damages (in this case concerning asbestos). The author pointed out that without the threat of punitive damages, businesses would just calculate their liability and roll it into the price of their products. It was only when they weren’t able to precalculate claims and actually had to pay P.D. for negligent behavior/products that there was a hope to stopping the behavior.

By: mespo727272

mespo727272 — Fri, 28 Mar 2008 14:04:08 +0000

JT:

I am always amazed by the dichotomy in thinking by the “law and order” crowd. If it’s a criminal charge against some indigent defendant, accountability is key, and punishment is the raison d’etre. If it’s a civil tort against business, it’s protect your buddy time with little or no accountability. And any suggestion of punishment or deterrence by payment of money for quasi-criminal conduct makes one recoil in horror. I guess it’s all whose ox is gored.

By: kermudgeon

kermudgeon — Fri, 28 Mar 2008 11:59:58 +0000

Punitive damages seldom cure a problem. But they do enrich attorneys and drive up the cost of goods in the USA. This puts us at an extreme disadvantage in the global markets. The next common sense step is to limit attorney fees to a set % of any award and initiate a loser pays system.