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The 2000 Firestone/Bridgestone debacle, that resulted in a recall of 6.5 million tires after more than 200 people were killed and hundred injured, gave a little indication of what information about possible safety defects was available, but this information was never made public.
Companies do not want the information to become public, and Bridgestone/Firestone claimed it was because secrecy is needed to protect trade secrets. For years information regarding the possible tire safety defects has remained in lawyers’ files after the companies settled under secret terms, so lawyers could not discuss them.
Over the years defendants have wanted records sealed, and oftentimes plaintiffs and lawyers agree in settlement terms. Since the documents are never revealed to the public, the actual size of the problems is rarely exposed.
In order to address these issues, about 30 states have laws or court rules to prevent hiding records, but major corporations and defense lawyers have battled against exposing the secrets. There have been 10 attempts to pass laws to prevent court secrecy in California, but all efforts have so far been unsuccessful. Still, another bill in California to prevent sealing “evidence concerning a public danger” will be pushed by Assemblywoman Fran Pavley, and similar legislation is also being considered in Washington state.
Lawsuits across the nation involving dangerous products, recalled drugs, medical malpractice suits and other dangers may have exposed important public safety issues, but by sealing documents Americans might be exposed to risks they don’t even know exist. Should serious dangers be present, the public’s safety should be made a priority.
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