Monday, September 29, 2008
In Saturday's Wall Street Journal, Marsha Cohen (UC Hastings) had a letter responding to the WSJ's editorial "The Tort Bar's Comeback." Cohen argues that the epidemic of defective products coming from China is caused by the absence of a tort system:
China has neither well-enforced regulatory mechanisms nor a torts/insurance system to protect consumers, although my understanding is that it is moving to adopt both. Without a civil justice system that enables those harmed to seek recompense from those who caused them harm, why would any product seller bother to invest in quality control or any other product safety measure?