LawyersUSA

A provision in a proposed rule governing the safety standards for motorcycle brakes is the latest in a host of government measures seeking to limit consumers' ability to seek civil redress for injuries, according to the nation's largest trial bar.

The American Association for Justice submitted comments blasting the proposed rule issued by the National Highway Traffic Safety Administration, which updates safety standards for motorcycle brake systems.

The proposed amendment includes language in the preamble that would preempt state tort law claims related to motorcycle brake systems.

Such a standards, similar to language in other regulations governing a range of issues from school bus seat belts to FDA-approved drugs, takes away consumers' ability to hold manufacturers accountable for accidents, injury and death caused by faulty brakes, according to the AAJ.

"NHTSA has repeatedly put manufacturers' profits ahead of consumers' safety by eliminating citizens' basic right to hold manufacturers accountable when they have made a defective product," said AAJ President Les Weisbrod in a statement about the rule. "Safety standards should go hand-in-hand with a strong civil justice system to encourage manufacturers to optimize safety standards."

Weisbrod noted that this is the 19th proposed rule change by NHTSA attempting to add preemptive language.

In the proposed rule, the agency noted that the National Traffic and Motor Vehicle Safety Act expressly provides that state regulatory schemes that contradict federal rules are preempted. The rule says that statutes, not individual rules, grant preemptive power.

-Kimberly Atkins