Can you prove a bad product or action was intended to hurt or kill you or a loved one? That is a proposed new standard that would make it almost impossible for consumers to sue for damages. Now that's freedom and liberty.
More details of the civil lawsuit reforms proposed by Gov. Scott Walker came to light early this week, various changes aimed at limiting actions and damages in civil lawsuits.
It quickly drew praise from Wisconsin's business community and Republicans
• limiting non-economic damages awarded against long-term care providers.
• limiting liability in actions against manufacturers, distributors, sellers and promoters of a product.
• requiring that a non expert's court testimony not be based on scientific, technical, or other specialized knowledge of the witness.
• prohibiting the use of reviews and evaluation reports of health care providers (required by the state Department of Regulation and Licensing or Department of Health Services) as evidence in a civil or criminal action.
• changing the criminal liability for certain acts or omissions by health care providers. (Specifically, the bill says a "healthcare provider is not guilty of the crimes of causing the death of,or bodily harm to, an individual by negligent operation or handling of a dangerous weapon, explosives, or fire, if the health care provider is acting within the scope of his or her practice or employment.)
But the Wisconsin Association for Justice warned the proposal is a red flag that Walker favors corporations over the people of Wisconsin.
"The Governor's proposals won't send a message that Wisconsin is'open for business.' Rather, the proposals send a message that it is 'open season' on the people of our state," Mike End, president of the Wisconsin Association for Justice, said. "Let's face it,every company looking to cut corners in order to make a bigger buck can come to Wisconsin without worry that they will be held accountable for seriously injuring or killing you or a member ofyour family."
UPDATE: 1/6/11-Gov. Walker's intentional "cluelessness" on tort reform and his political assault on Wisconsin consumers is insulting. Try not to punch the monitor after reading his asinine remarks:
Walker said he doesn't see anything in the proposal that would make it more difficult for someone who has had a legitimate problem with a product or company.
The proposal sends a "clear message ... that we're not going to have any one group out there hold us hostage when it comes to moving business forward, particularly small businesses."
"If someone manufactures something that they know is going to put people in harm, if they put a product like that out even with these things being passed into law they're going to be liable for it," he said.Walker know full well the problem, because he said it himself: "something that they know is going to put people in harm." Prove it? Good luck.
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