Reported on the front page in today's Oregonian (Apr. 4, 2007):
Vacationers on a four-night river cruise departed Portland on March 21. After getting underway, they learned that there had been an outbreak of gastrointestinal illness on the prior cruise. On the March 16 cruise, 33 people fell ill. An unknown number fell ill on the March 21 cruise.
The ship, The Empress of the North, reportedly has not passed various health inspections. Yet no one breathed a word until the ship got underway.
The article relates that company officials are discussing refunds. But that hardly seems sufficient to cover the harms and losses suffered by sick passengers. Buried in the article is this nugget: federal law does not require cruise ship operators to inform passengers of prior disease outbreaks. As with so many safety issues, consumers place blind reliance in sellers. I imagine that almost all consumers who go on cruises would expect to be informed about problems before departing.
If consumers can't count on government inspections and company disclosures, what is left? About all that remains is the civil justice system. Paying sickened travelers for their harms and losses is a lot less desirable than avoiding injury in the first place. But if no one else will take care of these folks, it's ultimately left to our civil justice system.
David F. Sugerman
Paul & Sugerman, PC
www.pspc.com
Wednesday, April 4, 2007
Tuesday, April 3, 2007
Pet Food Cases
It's easy to hold forth from the sidelines. You get a nice cushy chair and maybe a refreshing beverage of choice, gaze out over the field, and then make pronouncements. When you're not in the game, it's easy work.
The recent pet food scandal provides an interesting and somewhat frightening snapshot of America's civil justice system. One thing it reveals is how dependent consumers are on manufacturers' safe practices. It's rare to have governmental oversight of consumer goods. It just doesn't happen. And while many sellers and manufacturers act responsibly, it is too common that people get hurt when profits are put before safety.
The other thing that is revealing is how our civil justice system defines injury. While state laws vary, many states treat pets as nothing more than personal property. At the same time, most states do not allow people to recover for their emotional losses that are tied to the death of a beloved pet. I suppose some could argue that there are good reasons for that. But those of us who own pets know better.
As is common with food supply injury, the scope of the problem is not yet apparent. Nor do we know whether and to what extent these problems were caused by lack of oversight, neglect, poor testing, or contamination. But there are real problems here.
Kudos to my colleagues who are willing to take on these cases. My guess is that they will be tough. Maybe they present an opportunity to achieve justice. Let's hope at the very least that those who have made a mess are called to account.
David F. Sugerman
Paul & Sugerman, PC
www.pspc.com
The recent pet food scandal provides an interesting and somewhat frightening snapshot of America's civil justice system. One thing it reveals is how dependent consumers are on manufacturers' safe practices. It's rare to have governmental oversight of consumer goods. It just doesn't happen. And while many sellers and manufacturers act responsibly, it is too common that people get hurt when profits are put before safety.
The other thing that is revealing is how our civil justice system defines injury. While state laws vary, many states treat pets as nothing more than personal property. At the same time, most states do not allow people to recover for their emotional losses that are tied to the death of a beloved pet. I suppose some could argue that there are good reasons for that. But those of us who own pets know better.
As is common with food supply injury, the scope of the problem is not yet apparent. Nor do we know whether and to what extent these problems were caused by lack of oversight, neglect, poor testing, or contamination. But there are real problems here.
Kudos to my colleagues who are willing to take on these cases. My guess is that they will be tough. Maybe they present an opportunity to achieve justice. Let's hope at the very least that those who have made a mess are called to account.
David F. Sugerman
Paul & Sugerman, PC
www.pspc.com
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