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Op-Ed: This Lawsuit Abuse Awareness Week,
Illinois needs a course correction
[The Center Square] Zach Mott
This week is Lawsuit Abuse
Awareness Week in Illinois and, shockingly, 2021 has our state’s economy
and business community in an even worse place than we were this time
last year. The Prairie State’s anti-business legal system is still in
place, and COVID-19 restrictions are still a major factor. But we are
now contending with skyrocketing inflation, a labor shortage, and
misguided new energy legislation that could bring even more pain for
small businesses and manufacturers |
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As a fourth-generation owner of my family’s manufacturing
business in Lyons, I am on the front lines of our community’s struggle to
survive the hardships of the past 18 months. The small business community
employs thousands of workers, supports local economies, and drives the
innovation that brings new investment and jobs to the state, but policymakers
seem intent on destroying everything we have built.
Over the years, Illinois legislators have continued to make
life harder for manufacturers by supporting a twisted web of complicated,
anti-business laws and regulations that put us at a strategic disadvantage when
compared to other states. And even through the recent pain of COVID-19, higher
inflation, and labor crises, our “representatives” haven’t missed a beat. The
Illinois workers and small businesses they claim to care so much about are
actually the biggest victims of their shortsighted policies.
First up is product liability. In many of these lawsuits, the question of who is
at fault doesn’t even matter. Manufacturers can be sued if an accident occurs
when someone uses a safe, approved product, no matter what the circumstances
might be. We include instructions, but how can we force someone to read them and
use the product properly, or guard against someone not paying attention?
Trial lawyers have made a cottage industry out of product liability cases,
encouraging consumers to sue en masse for unproveable accidents. Many of us
without the resources to defend ourselves around the clock are forced to settle
out of court, regardless of the merit of the case. Trial attorneys know this and
go fishing for such cases. This leads to higher prices for consumers, employees
that must be laid off, and even small businesses being forced to close their
doors just to cover legal expenses.
[to top of second column] |
Gov. J.B. Pritzker speaks at an event in Chicago on Tuesday, Aug.
24, 2021.
Courtesy of Facebook
Similarly, trial lawyers exploit Illinois’
anti-arbitration statues to force workers compensation settlements
outside of court when small businesses can’t afford legal fees. I
can personally attest – safety protocols and accident prevention are
manufacturers’ first priority, but accidents do happen from time to
time. But again, many trial lawyers aren’t in pursuit of justice in
Illinois, they are just after a paycheck. They know many businesses
can’t afford to go to court and must settle even if they could have
won a case on the facts. The same song and dance play out yet again
– workers get laid off, prices go up, and businesses struggle to
survive. Even worse, legitimate accident victims who deserve just
compensation often get left out to dry. The latest
addition to the growing list of stacked costs facing Illinois
businesses is Senate Bill 2408, a self-described “clean energy” bill
that Gov. J.B. Pritzker signed into law in September. In line with
other anti-small business legislation, SB 2408 will be paid for on
the backs of workers and business owners by dramatically spiking
energy costs. Our lawmakers obviously don’t care, though. Of all the
times to pass legislation that will raise energy prices, they chose
to do so during a period of runaway inflation, continued public
health restrictions, and a labor shortage.
Right now, we need solutions. And the best solutions will support
small businesses and manufacturers. Partisan agenda items must be
left on the sidelines, while product liability loopholes are closed,
and mediated arbitration is restored. Furthermore, environmental
initiatives must be flexible to the current economic climate and
more sensitive to near-term consequences. Lawmakers have a chance to
help Illinois out of this mess, but right now they are headed in the
wrong direction.
Zach Mottl is the 4th generation of his family to own
and operate Atlas Tool Works, Inc. (Lyons, IL). |
