steveh_131
Grandmaster
Do you really believe most individuals have millions of dollars and would be able to front the cost of proving that some large corporation broke the law? You must not be familiar with the legal system. It is not like a Judge Judy episode. The types of trials that you are talking about would take years to prepare for with likely millions of dollars spent in expert testimony and discovery. Depending on the level of damages to the individual, the cost of litigation might make it unfeasible to obtain a remedy.
Source?
I read about successful individual and class action lawsuits against huge corporations all the time. Law firms often front the money to try the case and subtract it from the settlement. If you think this system is flawed then we should discuss fixing the system, not inventing bloated worthless government agencies.
What happens when you are successful in prosecuting a claim and the corporation (or the negligent driver in your traffic scenario) just files bankruptcy? What good does that do? Who would pay for the clean-up costs, medical bills etc.?
The entire reason we came up with regulatory bodies in the first place was because what you proposed did not work. The people decided to act collectively through government to better protect themselves from the dangers of pollution (and reckless/drunken driving).
We are discussing two different issues. Let's examine them.
1. Deterrence. Which system better deters companies from causing damage and injury to others?
Civil litigation represents an enormous risk to any business. A single lawsuit can spell bankruptcy. One goal common in every company I've ever worked for: Avoid any risk of damaging another person or property.
Federal regulation represents an enormous annoyance to any business. This brings a different goal: Avoid fines that are greater than the profit margin.
The FDA is a great example. I designed the safety reports for a product of one of the largest food manufactures in the U.S. These reports were generated automatically and submitted to the FDA representatives for approval. Let me be clear on this: These reports were absolutely worthless. They are 600 pages of numbers that are meaningless to the human brain. The FDA then 'approves' them within 30 minutes and claims this product is safe for consumption. Through this, the company is able to protect themselves from any chance of litigation. Not by making their product safe, but by appeasing arbitrary rules created by a useless bureaucracy.
And, of course, plenty of business can simply purchase immunity from these regulatory bodies. Monsanto is a wonderful example.
This system does not work well as a deterrent. It may actually enable more abuse.
2. Compensation. Which system provides a more just form of compensation to the injured party?
This one is obvious. Who should be compensated for the dangerous food they consume or the damage to the air around them? The current regulatory bodies make sure that the government receives all of the compensation. Does this make sense?
At least with litigation the injured party has a chance at justice.
When these arguments are brought up, I wonder how much thought is given to the fact that ALL of us alive in the US today have grown up enjoying the safety and good health provided by those evil government agencies for all these years.
Like Jack Nicholson's character in A Few Good Men, all the people who have worked to provide you with that safety and good health, and now have to hear you question the manner in which they provided it, would probably prefer that you just said "Thank You".
Do you tell the TSA "Thank You" when they stick a finger up your pooper?
What makes you think any other agency provides you more safety than they do?