While we’re all undoubtedly sick and tired of hearing about the General Motors ignition switch scandal, there is still more story to tell; a recent article by the New York Times paints a dismally grim picture of how legislation, expense and private nondisclosure agreements may have protected the faulty part from the hot seat for years.
It’s far too long and winding a story to breakdown in full here, but suffice it to say that many states have, over the past few decades, passed legislation to limit awards in certain types of non-economic legal cases. That includes cases of pain and suffering, punitive damages, and thus, the sorts of cases brought against GM by victims of the faulty ignition switch.
Such legislation was targeted at reducing frivolous lawsuits and excessive awards – i.e. the infamous Liebeck v. McDonald’s Restaurants case of 1994, wherein a woman was awarded nearly $3 million for hot McDonald’s coffee which scalded her in her car. But as a result of so many states passing such legislation, many friends and family members of the deceased failed to find a legal firm willing to represent their case against General Motors.
That combined with out-of-court settlements and nondisclosure agreements between GM and plaintiffs which essentially prevented lawyers from finding any single, common defective cause to all of the ignition switch cases. For instance, when any given victim’s airbags failed to deploy in a crash, there seemed to be many possible causes: faulty sensors, failed deployment mechanisms, etc. The car’s ignition switch may have much sooner been identified as the root of these fatal crashes if more suits had provided enough incentive for lawyers to take them on, and if so much evidence from various cases hadn’t been quelled by GM settlements.
Then, perhaps, many lives would have been spared as a result.
Comments
The fact is many of these cases were weak cases to start with.
The fact is and remains most of these cases and death happened because many of these people contributed to their deaths.
The initial problem may have been the key but the following lack of attention of the driver to deal with things due to the fact they were speeding, drunk or unbelted would have limited the amounts that they would have been awarded.
Just because an engine cuts off is not a death sentence but the contributing factors like the simple lack of a belt in court could be shown to be the prime factor between life and death.
The cases now are only progressing because GM is paying out just to make this go away and because of the bad publicity.
The fact remains that most companies are at a great disadvantage as lawyers will take cases with no hope of winning and only hope to get a out of court settlement to go away. They are driving up the cost of defending a company to the point it is cheaper just to settle out of court. They take their money give the family a lesser percentage and move on to the next case of law suit extortion.
In the end normal people like us are left to pay for this as the layers get more and more money.
So Aaron you want to see the real terrorist just look to the way our legal system works today.
It is time for people and companies be held responsive for their part in these deals. If a company played a role then make them pay but if the person contributed or even played a full roll hold them responsible for their actions too.
I am sorry but if you had no belt, were drunk and hit a tree at 62 MPH where would an air bag have saved you even if it had worked? Why should your family be rewarded for your lack of do care?
If you continue reward bad behavior we all will pay for it.
Scott I see where your coming from but that’s just the business GM’s in.
What about if the drunk guy speeding had his kids in the car? Total loser yeah but the kids would be innocent. That’s a senerio I’m not sure if there’s any cases like that. But the fact is things like this are going to happen. And if the drunk speeder puts people in more risk because his ingnition is faulty then it’s on the manufacturer also. But yes for sure on the driver too.
It’s probly better in the long run if a couple of undeserving people get a payout, I think the whole public benefits in the long run, GM got a bunch of there recalls out on the table after and now people have safer more reliable vehicals. Then the other manufacturers snuck there’s in while the spot light was on them and now those owners have safer and more reliable vehicals.
I do see where you coming from tho, your diehard GM and bleed Dex Cool. Some people are playing them but I’m sure the’ve played a few along the way.
That thinking is what has hampered business not just the auto industry.
These comments are not in defense of GM but in defense of anyone who tries to do business.
the fact is going into courts you should have a legitimate case and not one where they are just looking for an out of court settlement.
Sure in these cases if GM was at fault they should be held but if the driver is drunk then they should share part of the responsibility.
All I ask for is people and companies be held for their part in this as too many people are being rewarded for their own failures.
That is what is wrong with society today as we punish those who do right and we reward those who do wrong.
Case in point a local man hit a tree at 100 miles an hour in no pun intended a Blazer. His family took GM to court and won a major settlement our of court when GM was restricted from entering into the case the man was drunk and the speed he was driving. I don’t care what you own or drive but when you hit a tree at over 100 MPH the odds are you are going to die. The odds are greater you will also catch fire.
All I ask for is tort reform to where if you take a case like this you pay the court cost if you lose. As it is now these lawyers taken cased that generally are not winnable because they are not legitimate. If they win they collect the money if not they tell the family we will not charge you. Then the company being sued will end up settling just because it is cheaper then winning even if they have a win able case.
All I ask for is for people and companies to be held responsible for their action. Reward those who are right and hold those who are wrong accountable.
The fact is there are more than a couple that are underserving and it is costing us all.
I have said that GM should be held accountable for their part no question but when the action of people were the difference between life and death they should be held accountable for their part of the deal.
Have we rewarded stupidity long enough or are you happy with making lawyers rich with this BS as they are often the only real winner in these deals.
So stop defecting as being a GM fan has nothing to do with this as if effects all parts of our lives.
Sorry a hit a sensitive spot… I agree with you that those people should be held accountable.
I feel like your trying to say going 60 and hitting a tree has a huge fetality rate so it dosn’t matter that his ingnition was faulty. But I feel like every one knows someone that has a story about an accident that they shouldn’t have lived through. So maybe, just maybe they could’ve lived. And that kind of thinking makes think fan boy… Sorry it just does.
I did take the time to read further into it, and I agree lawyers are scuzzy and get away with way to much. But Blaming them for deaths because they didn’t fight GM I don’t fully agree with. And I was getting that message from the article. It would be great to have them fight but they got into the business to make money and people don’t even mater anymore to them. BS that’s for sure!
I feel like even when undeserving people get a payout it makes company’s realize how bad the outcome can be when you ignore a problem that serious. People all jump on board for a dollar. And that I hope makes car companies make a better product, and own up, and recall their faults when they know of a dangerous problem.
Just to be clear I’m not a lawyer or rich, and make all my money the honest way paying my unreal Ontario taxes.
Sorry to tick you off Scott, maybe I’ll see you in Detroit at the car show and will hug it out. I got a feeling I know what section to find you in. I’ll look out for your (I love Bob Lutz) shirt. I’ll be the dumb Canadian protesting to bring back Pontiac and Oldsmobile. That’s the real problem. :p