Tort bar shuts down gas can manufacturer

[MillCreek]

http://online.wsj.com/article/SB10001424052702304765304577482620929586962.html?mod=ITP_opinion_2

If you have access, an interesting article.  In a nutshell, Blitz makes most of the plastic gas cans in the USA.  Personal injury lawyers started suing Blitz when people poured gas from their cans onto burning fires, and the can exploded. 

Blitz is now bankrupt due to the costs of defending these cases and soaring liability insurance premiums.  117 jobs lost in Miami, Oklahoma.  The personal injury lawyers are now looking to other gas can manufacturers. There is now a gas can litigation group to share information and strategies.

I don't know the other side of the story, and if there are indeed design defects in gas cans and can they be re-engineered to eliminate this hazard, but I have certainly seen the warning labels on gas cans.  I would think that pouring gas on a fire is something that is obvious to anyone not in the running for a Darwin award, but perhaps not.

[Tallpine]

The design defect is in humans 

[RoadKingLarry]

Blitz was a good company. At one time they made over 70% of the consumer market gas cans and before the BS law suits started employed over 400 people. Miami, OK is a small enough town that the loss of jobs will be felt.
Not the first major employer they've lot either. there used to be a major Goodrich tire plant there. Now there is just a huge empty factory. About all that is left is agriculture, indian casinos and NEO A&M college.

[HankB]

. . .  I would think that pouring gas on a fire is something that is obvious to anyone not in the running for a Darwin award, but perhaps not.

Figuratively speaking, isn't that what Obama has been doing with every "problem" the country is facing?

[AmbulanceDriver]

So out of curiosity, Blitz appealed the case to the 10th Circuit (case #11-4039) - I can't find any info on what the Appeal Court's ruling was... Anyone with better info able to find it?

[makattak]

This is EXACTLY what the gun grabbers dream of doing to all gun manufacturers.

[Scout26]

Death by a thousand cuts....


Time to go stock up on gas cans....

[Perd Hapley]

Death by a thousand cuts....


Time to go stock up on gas cans....

Or we could just store it in glass jars and plastic bags, if they're going to make it that hard to manufacture appropriate containers.

[41magsnub]

First it was the Cali compliant "takes 3 hands to pour" requirement on all new cans, now this.

[grampster]

What I am wondering about is when some manufacturer, when served with some gold digging lawyer's suit for the stupid of the consumer, just doesn't take a photo of the CEO's hand giving the law firm the finger and mailing it back and ignore it and continue going along as usual.  If law suits are bringing down smaller companies, then ignore them.  What can they do, call out the national guard?

[MillCreek]

What I am wondering about is when some manufacturer, when served with some gold digging lawyer's suit for the stupid of the consumer, just doesn't take a photo of the CEO's hand giving the law firm the finger and mailing it back and ignore it and continue going along as usual.  If law suits are bringing down smaller companies, then ignore them.  What can they do, call out the national guard?

They can get a default judgment from the court, which awards them whatever they had asked for and then use that judgment to seize the business assets, such as the bank accounts, accounts receivable, real property, manufacturing equipment, the building, inventory, etc.  You would only want to try this if the company had no insurance coverage, no corporate assets, and your personal assets were not commingled with the company or otherwise attachable for corporate activities.  This would make you essentially judgment proof.  If there are no insurance deep pockets or seizable assets, then it is generally not cost-effective to pursue litigation against you. 

[brimic]

Personal injury lawyers started suing Blitz when people poured gas from their cans onto burning fires, and the can exploded. 

Hmmm.
Ambulance chasers... pouring gas.... people burning... Can't imagine what I'm thinking right now...

[Jamie B]

I am not sure what sickens me more; the idiot self-pyros, their lawyers, or the juries approving the awards.

[cassandra and sara's daddy]

Most often never gets to jury. Insurance company settles its cheaper/safer. Of course they pass cost on. And then everyone sues for settlement

[Azrael256]

I am not sure what sickens me more; the idiot self-pyros, their lawyers, or the juries approving the awards.

Or the fact that Okies pronounce it "My-Am-Uh" instead of saying it like normal people.  Seriously.

Ok, maybe that's not up there with the rest of what's wrong, but it's still disturbing.

[AJ Dual]

What I am wondering about is when some manufacturer, when served with some gold digging lawyer's suit for the stupid of the consumer, just doesn't take a photo of the CEO's hand giving the law firm the finger and mailing it back and ignore it and continue going along as usual.  If law suits are bringing down smaller companies, then ignore them.  What can they do, call out the national guard?

Summary judgment in absentia , and then depending if it's Federal, or State the U.S. Marshals or Sheriffs Department will come in and shut them down, seize assets, liens filed in court, freeze bank accounts etc.

Physically, for the plant and the land, I suppose you could try to rally the townspeople into some kind of stand off with the .gov over it (how would you conduct shipping & receiving?), but you won't be able to get away with the financial sides of it, unless you somehow could convert all your assets to cash/gold, and then magically escape with it or keep trading with your suppliers and customers on that basis.

Which is a tl/dr version of saying, no chance in hell. 

IMO, only tort reform, or a few trial lawyers turning up missing/dead every now and again will fix this. And even those answers suck, because frankly, there's the still legitimate flip side of the issue when a business does royally screw someone over and needs their ass sued off. Although if things keep going in the direction they do, bucking the Democrats and the trial lawyer lobby, and screwing the individual victim, to protect businesses, workers, towns, and the economy... it might just have to happen. Many feel we're already past that point.

This is something that USED to be moderated by culture, and not the law or rules. Just 30 years ago, only the worst ambulance chaser would take such a case, and the Judge/jury would laugh them out of court. Any reputable lawyer would decline such a case of terminal dumbassery with varying degrees of politeness, and it was a natural check and balance on the system. Now Voir dire and Judge/jury shopping is practically a "science".

[AZRedhawk44]

Blitz shutting down is one of any number of signs that Atlas is beginning to shrug.

[HankB]

When shutting down, along with the pink slip provide the newly-jobless employees with a complete dossier - pictures, names, addresses, schedule, everything - of the plaintiff and his lawyers, as well as the same detailed personal information on the presiding judge.

It will at least give a disgruntled victim of the suit an opportunity to tell someone off.

[MechAg94]

I was curious if they were a victim of being a small percentage at fault in some cases.  Does anyone know about the lawsuit they lost?

Who pours gas on an open flame?  That is just stupid.  Sometimes I think it is a mistake to not let kids play with fire in some fashion.  They need to learn this stuff at an early age when they are still playing small scale. 

[Ben]

Most often never gets to jury. Insurance company settles its cheaper/safer. Of course they pass cost on. And then everyone sues for settlement

Yeah, this. The big problem is that the accountants look at the court case and figure it will be cheaper to "pay off" and move on. Understandable from the short term perspective of the bottom line, but in the end it only helps create conditions that encourage people to sue. Attorneys who work on a contingency fee basis don't help. I understand that people with legitimate grievances may not have the up front money for a good attorney, but it's a vastly abused system.

[Tallpine]

Or we could just store it in glass jars and plastic bags, if they're going to make it that hard to manufacture appropriate containers.

Doesn't everyone 

 

[Waitone]

The tort bar is an industry seeking to expand its sales into new and innovative markets.  Asbestos was the first and to date biggest market successfully penetrated.  Tobacco settlement is the most memorable mainly because of media's participation.  Different between the two markets is asbestos had a few really big trials / settlements but most of the longterm sales was accomplished by relatively downscale tortists.  Due to the nature of the tobacco settlement a comparative small group of tortists  garnered the proceeds.  Gas cans is a consolidated industry dominated by one or two participants.  Knock the big one off and the rest will fall. 

Tortists are like locusts.  They consume everything in their path and move on to the next field.  Companies are making a big mistake ignoring their fundamental nature.  A few well financed stands will cool enthusiasm for such litigation.  Problem is in industries like plastic gas cans there is little chance of any one or several participants financing a defense.  So now I guess we return to legislative relief by laws written by  . . . . . . lawyers.   

[De Selby]

We'd probably be a lot better off if we relied on non-binding promises from companies not to make profits from activities that hurt people.   That'd be way more effective than the tort system, because companies tend to be nice, and won't harm others to make a profit.

[RoadKingLarry]

Much better to sue them(Blitz) out of existence because some ignorant dipshit pour gasoline out of a plastic can directly onto a fire and had less than good results. Of course had their been a specific warning on the can against doing that then of course said ignorant dipshit would have known better.

[freakazoid]

Unless the gas can actually said "Safe for pouring directly on fire.", then anyone suing should be mocked out of the courtroom.