Posted for "Mark Sletten" <marknlisa@hometel.com>:

 Brent,
 
 I too have thought long and hard about product liability laws. It's far too
 easy in our litigious society to force honorable, competent people out of
 business for the sake of personal gain.
 
 My response has been to suggest a system such as that used in the UK - loser
 pays. It's pretty simple really; the loser of the case pays all the costs of
 litigation.
 
 It would be a self-regulating system. Lawyers considering a contingency case
 will think long and hard before bringing a weak/frivolous suit if they know
 they will pay the other team when they lose. In our current system there's
 nothing to lose except their time.
 
 Likewise, lawyers of defendants with weak cases (i.e. it truly IS a faulty
 product) will strongly consider settlement to avoid additional costs. This
 makes it easier for those truly injured by a faulty product to recoup loses.
 In the current system, the lawyer gets at least a third of any settlement -
 I can see an individual negotiating his/her own settlement without legal
 representation under "loser pays." Probably why US lawyers are terrified of
 it...
 
 Either way, the number of cases actually going to court would surely
 diminish!
 
 Mark