Freedland Russo: Why “Made In China” Is Making Waves
Most people will agree that we are in a global marketplace. For some that’s a good thing, but for others it’s bad. We've all experienced the customer service horror stories we've called the corporate offices of a company located in the United States but then subsequently been transferred to a “Customer Service Specialist” that barely speaks English in another country. That merely results in frustration. However when goods are produced in another country and imported to the US it creates a different kind of problem. Take China for example.
According to one report more than half the goods that the US Consumer Products Safety Commission recalled last year were manufactured in China! That figure is staggering. Some of the products included highchairs, bicycles and even soccer nets. And if you've been watching the news, you also know the Chinese drywall has caused a plethora of problems.
Most consumers are thinking "why not just get an attorney and sue the manufacturers?" While we at the law offices of Freedland and Russo would normally suggest such action it's not quite that simple in these cases. Don't get us wrong there will be a lot of lawsuits from the installers to the contractor to the distributors to the importers but the ones who are ultimately responsible for this problem, the Chinese manufacturers will be the most difficult against which to litigate. Why? The simple answer is that the case will be automatically prejudicial if a US citizen seeks legal damages against a Chinese company in a Chinese court. International lawyer Michael Lyle said it would be like "suing Michael Jordan in Chicago." There is also another issue. Many Chinese manufacturers try and persuade US courts that most their companies rely solely on importers and thus have no substantial business presence in our country.
What's the remedy? Currently United States senators are seeking to make it more difficult for foreign companies to weasel out of taking responsibility when being sued in a United States court. Until that happens foreign countries like China will continue to have the advantage. Let’s hope our Senators find a rapid solution to this dilemma so that the residents of Florida will not have to face disappointment when they receive a final verdict in their cases. |
