Two hundred and fifty years ago, at the founding of our Country, the biggest fear was always the King, the “Crown” and ambitious people acting on behalf of the Crown. People more worried about climbing to the top, no matter who they used as a ladder. They would wear the cloak of authority to enrich themselves. See: LAPD’s Rampart division. This is the sole reason Criminal Defense attorneys exist: just to make sure no one working for the Crown crosses the line.
So what about corporations who don’t hold a public trust?
Take the number of vehicles in the field, A, multiply by the probable rate of failure, B, multiply by the average out-of-court settlement, C. A times B times C equals X. If X is less than the cost of a recall, we don’t do one.
You can’t put a corporation in jail. You can’t shoot it (there’s no heart). What you can do is take all it’s money, so that it can’t produce anymore. And hopefully, the next corporation thinks twice about taking the same liberties with human lives. Personal injury lawsuits are the way we make saving lives worth money.
But none of that gets in the way of me enjoying a lawsuit against a NASCAR driver for hitting Juan Valdez’s horse.