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Dupage Policy Journal

Tuesday, April 23, 2024

Op-Ed: Illinois has a problem with lawsuit abuse, and it’s hurting manufacturers

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Manufacturing is one of the core pillars of the Illinois economy. For decades, manufacturers have been key job creators in communities around the state and have bolstered local economies with their innovations. That’s why, to keep our economy moving forward, we need to make serious changes to prevent the kinds of frivolous lawsuits that siphon away the resources that manufacturers need to play their vital role in our society.

Right now, Illinois is a hub for lawsuit abuse, a problem where trial lawyers can sue companies for all kinds of merit-less causes. While the lawyers in charge of the case like to say they’re taking on big corporations to help everyday people, the truth is that most are filing all those lawsuits to get a massive payout.

Take, for example, the product liability lawsuits that commonly find their way into the headlines. Oftentimes, product liability suits aren’t actually about the product being used at all. Lawyers can sue a manufacturer over product liability even if they aren’t at fault. If a consumer misuses a product or fails to follow instructions, or even if some other, unforeseeable accident occurs, it is far from uncommon to see lawyers filing suit anyway. With these lawsuits, more often than not they’re trying to either get big court winnings or negotiate a massive settlement agreement, both of which mean significant attorney fees for them.

Beyond product liability cases, Illinois also has a problem with how workers’ compensation issues are addressed. Workers’ compensation disputes are often taken straight to court, where lawyers once again try for big court awards or settlement fees. As someone who works in manufacturing, I can personally attest that employers and business owners go to incredible lengths to keep workplaces safe and ensure security for their employees. Unfortunately, these kinds of workers’ compensation suits ignore the fact that no matter how hard we work to ensure workplace safety, accidents can always happen, and that doesn’t mean that those accidents always need to go straight to court.

If we want to change this and get the Illinois economy back on track, we need to speak out to our lawmakers and let them know that it is time for changes that encourage business growth and allow manufacturers the freedom to do what they do best. Luckily, both of these problems can be fixed.

First, we need to close the loopholes in product liability that allow lawyers to get away with lawsuits that hold manufacturers responsible for problems they cannot prevent. Filing lawsuits over consumer error or unforeseeable accidents is simply unfair and irresponsible.

Then, we need to address workers’ compensation cases by ensuring that litigation is a last resort rather than a first choice. We can do this by making mediated arbitration standard practice. By reserving workers’ compensation disputes for those directly involved, we can guarantee that the process is fair for all involved and remove massive attorney fees from the picture. Even better, making arbitration standard practice would recognize that manufacturers and businessowners want the best for their employees and that they work hard to create a safe working environment.

There is a lot of work to do to shake off our litigious culture here in Illinois, but I’m confident we can do it. We simply need to make it clear to our elected officials that we the people are sick of so many lawsuits flooding our courtrooms and hurting the manufacturers that are responsible for so much economic growth in our state. This way, the manufacturers and job creators of Illinois won’t have to worry about huge legal bills impairing their ability to expand, reinvest in their employees, and contribute to their communities.

Zach Mottl is the 4 th  generation of his family to own and operate Atlas Tool Works, as well as an elected trustee for the Village of Burr Ridge.

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