From the National Retail Hardware Assoc. whose big concern right now is toxic mold and asbestos fireproofing...
TORT REFORM
http://www.nrha.org/tortreform.html
"THE ISSUE
The U. S. is a litigious society. Litigation related to products and services increases each year – injuries blamed on product manufacturers, decisions made by doctors and health insurance organizations, employment actions taken by employers. Many times the disagreements wind up in court and become costly to businesses. The tendency to sue results in increased insurance premiums – primarily property/casualty and malpractice – which are passed along in the costs of goods and services. Concern about the potential for legal action may become a deciding factor in making business decisions.
The business community wants limits on damage awards, especially non-economic and punitive damages, and protection for small businesses who can least afford large damage awards.
BACKGROUND
There is no national product liability law – no nationwide standards or guidelines. These kinds of cases – tort cases where parties who believe they have been wronged file civil lawsuits against the party they hold responsible – go to state courts. In many cases there are no state laws either, leaving decisions to judges and juries.
For more than 20 years the business community, manufacturers in particular, has worked for product liability and tort reform legislation. In 1996 Congress passed product liability reform legislation only to see President Clinton veto it. There has been no substantive action since, until now. President Bush and Republicans in Congress seem amenable to tort reform, but they are using a step-by-step strategy, proposing very specific reform bills – protection for small businesses, reforms in litigation for asbestos-related health claims, caps on medical malpractice awards and reform for class action lawsuits.
Tort or civil liability suits usually focus on a product’s manufacturer, but others in the distribution chain, including retailers, can be involved. Most product liability suits are filed against a specific manufacturer. However, there’s a growing trend to go after whole industries, most notably the tobacco industry.
The same approach has been tried over handguns and lead-based paint, with little success so far.
A couple of issues that could ensnare hardware stores are asbestos and toxic mold. They illustrate how dangerous liability litigation can be..."
The link has more on their particular ox about to be gored, but makes me pause to wonder about the auto industry, fast food, etc all joining forces for a single issue to craft one bill. They had something once, but President BJ Clinton nixed it in '96 and it's never raised it's head again. Defects are one thing and they should be exposed when found. Making policy via lawsuits... another can of worms to be squashed. Punitive compensatory damages for redress of all legal fees spent and time lost might be added to make groups instigating such suits think twice about the penalty they'd suffer financially should they decide to go this route.
A nice dream, but it'll never see the light of day, methinks.