At least 42 people are known to have died in crashes linked to the defective ignition switch, and both GM and federal safety regulators have come under fire for allowing the danger to linger for more than a decade, the New York Times reported today. But the experience of some accident victims and their families shows that other opportunities to raise public alarm bells — through the legal system — were also lost. Lawyers said they were aware of six ignition-related lawsuits that the automaker had settled out of court, including some under arrangements that barred public disclosures about them. Companies, lawyers and judges have long faced criticism for suppressing information contained in lawsuits about product dangers. However, legal experts said that factors such as tort reform and rising lawsuit costs might be further dimming the legal system’s role in bringing such risks to light. Those experts said that the incentives for plaintiffs’ lawyers to invest large sums of money in a case that may or not serve as a kind of legal canary in a coal mine have been diminished. “It is harder to win,” added John C. P. Goldberg, a law professor at Harvard University. Beginning several decades ago, companies, insurers and others, pointing to instances of excessive jury awards and frivolous lawsuits, pushed state lawmakers to pass measures that would reduce awards and limit filings. Since then, many states have capped awards for noneconomic damages such as pain and suffering, limited punitive damage awards or changed how liability is assessed.
