Friday, March 19, 2010

An Outrageous Lawsuit

Just when you think you have heard everything, along comes a story about class action lawsuits against Toyota filed in Maryland, Florida and Colorado. The filing argues that Toyota has cars so badly flawed with safety defects and the recall so botched that owners of Toyota vehicles have no other option but to return the cars for a significant cash payment.

True Toyota handled poorly the initial complaints and the recall process was also fumbled, but to say that the cars are deeply flawed that they all need to be returned stretches reasoning beyond reason. Though I am not an advocate of tort reform, the arguments put forward by Hagens Berman does cause one pause to believe that some level of tort reform is necessary. That this type of suit is taking seriously show the flaws of the American legal system.

Berman is quoted as saying, "I don't know of any parent who would be willing to put their kids in a potentially unsafe car in exchange for a few hundred bucks." He also notes that "When we have talked with Toyota owners, they all voiced the same desire...to drive their Toyota back to the dealer, hand them the keys and pick up a check." Playing upon the irrational emotions of the gulable, a lawyer can guide the client into feeling "unsafe" and with a picture of big bucks in their head get them to sign onto the lawuit.

Toyota's are being fixed swiftly. I had my Camry into the shop two days after I called. I have never felt unsafe in my vehicle. My safety is more at risk from drivers who share the road with me and have not maintained their brakes, tires and other safety systems. My safety is more at risk from drivers who drive carelessly, who cut me off, who pass to closely or turn into traffic at a questionable moment. Some of these drivers who put my safety at risk may well be members firms that file these type of lawsuits.

In my view, this lawsuit is less about judicious redress than it is for a golden tongued law firm, such as Hagens Berman playing upon the irrational emotions of the gulable and the unduly anxious, to making themselves wealthy.

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