More Corporate Deception
In Kowal v. Westchester Wheels, Inc., et al., the plaintiff was injured when the bicycle, which she owned and was riding, had the front fork break and cause her to fall. She sustained multiple fractures. The bicycle manufacturer is a well know company, Giant. Plaintiff sued Giant Manufacturing Co., which manufactured Giant Bicycles. Giant Manufacturing Co., is located in Taiwan.
Giant Manufacturing Co. denied that it should be held subject to U.S. laws because it is a foreign corporation, despite selling thousands of bicycles in the U.S. Fortunately, the court ruled that it is subject to the jurisdiction of the U.S. court system. This company has generated huge revenues from selling its products in the U.S., yet has the gall to argue that injured people in the U.S. should only be able to sue it in Taiwan. If the court had ruled that way, the effect would be to insulate manufacturers from being held accountable for injuring people.
The economic ramifications must be considered. Assuming that Ms. Kowal is successful in court, then she will have to repay liens for her medical care. If she has healthcare insurance, then she will have to repay her health insurer for any bills it paid which are related to this crash. If she paid out of pocket, the lawsuit proceeds would pay for her medical care. If the court ruled that Giant Manufacturing Co., cannot be sued in the U.S., then we the people of the United States and Ms. Kowal would pay for her injuries, directly or indirectly. The insurance companies would use it as another excuse to raise premiums.
As a side note: I have frequently heard some Americans proclaim their preference for “small government.” This is code speak for governance by corporations. I agree that governments make errors that can be harmful. However, I cannot imagine anything worse than being governed by corporations. If you have a chance, watch the movie, “Deepwater Horizon.” Also, consider that in 2017, coal miner deaths more than doubled once Trump removed safety regulations. A coincidence…I think not.
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Posted on Mon, February 5, 2018
by Thomas Tobin III