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Novel Idea of Guilt Means Trouble For Everyone
One problem with the "whack 'em all" approach the Wisconsin Supreme Court took toward lead paint companies last spring is you never know where the hammer's going to fall next. But if you've ever earned money off something fattening, maybe you should worry. The court ruled that since the lead that damaged a Milwaukee teen couldn't be traced to a particular company, every paint company could be held liable, an approach usually confined to fourth-grade spitball incidents. Wisconsin's Assembly and Senate have both passed bills, now to be reconciled, declaring that companies should be liable only for things they did wrong. Critics attack the legislation on several points. One is that lead paint is so uniquely pernicious that milking its manufacturers for cleanup money shouldn't worry other industries. "Other industries cited such as dairy and brewing have not knowingly produced products containing substances that poison children," said one recent essay in this paper. So other industries aren't going to be made out as monsters? Let's ask a lawyer. "A soda machine is demonstrated to be a dangerous object for kids," said Richard A. Daynard, a Boston law professor leading a high-profile attack on what he terms Big Soda.
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