07/01/2008
CONTACT: Melissa Sharp, 202-314-2068
NFIB Small Business Legal Center Applauds Court's Decision in Major Tort Liability Case
WASHINGTON, D.C. -- Karen Harned, executive director, National Federation of Independent Business Small Business Legal Center, issued the following statement in response to the Rhode Island Supreme Court's decision issued today, State of Rhode Island v. Lead Industries Association, Inc.:
"Today's decision by the Rhode Island Supreme Court is a major victory for all business owners. The court rejected the attempt of trial lawyers to dramatically expand tort liability for business owners by imposing a new 'public nuisance' theory of liability. In this case, trial lawyers were trying to hold paint manufacturers liable for lead paint exposure despite the fact that at the time the lead paint was being made and sold, it was a lawful product. This was a clear attempt by trial lawyers to attack manufacturers for unfortunate consequences far beyond the manufacturers' control. The Rhode Island Supreme Court rightfully rejected this reasoning and reaffirmed that in order to hold a business liable, there must be at minimum a causal connection between actions taken by a business defendant and the harm caused to the claimants."
The NFIB Small Business Legal Center filed a friend of the court brief in this case urging the Rhode Island Supreme Court to reject the public nuisance theory of tort liability.
