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Consumer Law

: ThePopTort

Child Safety, Regulatory Agencies, and the Ongoing Importance of Lawsuits

By Andy Hoffman

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We?ve noticed a lot of stories in the news lately about federal regulatory agencies like the CPSC and the FDA cracking down on companies that sell and manufacture harmful products to kids.  Massive recalls have taken place affecting strollers that cause fingertip "amputations," and drop side cribs that pose suffocation hazards, not to mention heightened federal scrutiny of bisephenol-A (BPA), an industrial chemical often found in baby bottles.

Of course, this all comes as great news, particularly in light of the Bush Administrations comparatively lax (and grotesquely corporate-friendly) regulatory standards.  Still, as encouraging as this might be, it?s worth emphasizing that regulations after the fact don't do much to help already injured children, some of whom have been mutilated?nor does it help the families of those killed due to corporate negligence.  Lawsuits provide often catastrophically injured victims with the means to pay for excessive medical bills and other injury-related expenses.  Even the U.S. Supreme Court has recognized this ?distinct compensatory function that may motivate injured persons to come forward with information.?  Lawsuits can ensure such regulations are followed and increase awareness, which in turn, informs busy parents about dangers that are hard to see. 

So bravo that federal agencies have been taking more aggressive steps to help protect America?s kids.  But let?s not forget that the civil justice system is a crucial complement to our regulatory structure. 

Full post as published by ThePopTort on January 21, 2010 (boomark / email).

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