# Shutting down of Blitz USA (Gasoline Can Manufacturer): Tort Hell or Justice? **URL:** \ **Category:** Great Debates\ **Created:** [August 7, 2012, 1:43pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730 "2012-08-07T13:43:11Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [August 9, 2012, 8:11pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/21 "2012-08-09T20:11:24Z")
> [@leahcim](#): > > I’m not sure what you’re trying to say is the essential difference between the cases. Both had both a “victim” doing things that were none-too-bright (using gasoline as an accelerant/holding coffee between her legs) combined with a corporation doing things that make the none-too-bright thing more dangerous (making shitty gas cans without a standard safety feature/serving coffee at a temperature at which it’s dangerous to let be in contact with your skin), and both got a jury verdict that was tempered by “it was x% the plaintiff’s fault, so we’re taking x% off the award”, and if I might be so bold as to predict the future, both will be retold over and over again for decades with the plaintiff’s stupidity hammed up, the defendant’s contribution to the problem downplayed, and calls to fix the fucked-up tort system. Thank you. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [August 9, 2012, 8:14pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/22 "2012-08-09T20:14:12Z")
> [@leahcim](#): > > I’m not sure what you’re trying to say is the essential difference between the cases. Both had both a “victim” doing things that were none-too-bright (using gasoline as an accelerant/holding coffee between her legs) combined with a corporation doing things that make the none-too-bright thing more dangerous (making shitty gas cans without a standard safety feature/serving coffee at a temperature at which it’s dangerous to let be in contact with your skin), and both got a jury verdict that was tempered by “it was x% the plaintiff’s fault, so we’re taking x% off the award”, and if I might be so bold as to predict the future, both will be retold over and over again for decades with the plaintiff’s stupidity hammed up, the defendant’s contribution to the problem downplayed, and calls to fix the fucked-up tort system. McDonalds was in violation of public health regulations. They were serving the coffee too hot, and they were also serving it in cups that were not rated for that high of a temperature. One of the problems in the Blitz case (according to them) is that some US regulatory agency refused to establish any code for gas cans. Until I have more facts about the Blitz case, and from sources other than Blitz and pro-business political associations, or plaintiffs attorneys ambulance chasing web sites, I wouldn’t make a call on that. ---
**Author:** ![Kearsen](https://avatars.discourse-cdn.com/v4/letter/k/82dd89/32.png) [@Kearsen](https://boards.straightdope.com/u/Kearsen)\ **Post date:** [August 9, 2012, 8:19pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/23 "2012-08-09T20:19:01Z")
> [@BigT](#): > > I just don’t understand why it’s a bad thing that a company can get sued for something that is dangerous that could have prevented with low cost. People are going to do stupid things. Making them die from it isn’t going to stop them. Paying $0.50 per can might. Now take that to it’s logical end. You are now left with no manufacture of anything (well, except maybe bubble gum) What exactly is a low cost in this regard or the next? 50,000,000 gas cans (Does $.50/can still look “low” to you?) ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [August 9, 2012, 8:32pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/24 "2012-08-09T20:32:25Z")
[Another cite stating the ways Blitz screwed up](http://central-pennsylvania.legalexaminer.com/defective-and-dangerous-products/wall-street-journals-gas-can-job-loss-claim-is-short-sighted.aspx?googleid=303504): > [@](#): > > According to former and 17-year Blitz employee, William Bailey, Blitz could have made their gas cans safer but made a conscious decision not to do so. Bailey was a Production Supervisor, Warehouse Manager, Quality Tech, and a Plant Manager for Blitz. As such, he knew the company inside and out. Bailey, in an [open comment](http://online.wsj.com/article/SB10000872396390444025204577546950866595374.html?KEYWORDS=hank+anderson#articleTabs%3Dcomments) to The Wall Street Journal posted the following important facts that were overlooked by the WSJ in their original article. He stated as follows: > [ul] > [li] As an employee of Blitz I was instructed to destroy documents and e-mails. I wrote a letter to ROCKY FLICK the CEO of Blitz expressing my concerns about destruction of documents.[/li][li][snip][/li][li] I knew that Blitz was breaking the law by destroying evidence and I pretty much called Flick on the carpet for this. Once I was terminated, I immediately called Diane Brenaman to help the victims who were using Blitz USA’s faulty gas can containers.[/li][li]Blitz USA has never used a true FMEA for these gas can designs so that all dangers would be addressed.[/li][li][snip][/li][li] Blitz USA could have spent roughly $250,000 for tooling to implement a flame arrestor on their gas cans but chose to spend millions defending their position.[/li][li]Blitz USA had a metal fabrication shop that could have produced these 3 cent arrestors at minimal expense.[/li][li]Blitz USA could have recalled all their spouts and sent out new ones with flame arrestors. This would have been more cost effective than spending money on defense attorneys.[/li][li]Blitz had used of unapproved resin for 20+ years, distorted warning labels on the cans water spots, had excess regrind used beyond UL spec., sold gas cans under minimum weight, wall thickness, sold gas cans to California with falsified date wheels ($90,000 fine paid to CARB), had 5 defective spout designs in the last 20 years and none had flame arrestors, and had a 1 million can re-call in California for not meeting CARB requirements.[/li][/ul] And, according to my cite, the fact Blitz is shutting down will apparently affect the amount of compensation the victims receive, not to mention foreclosing on any further lawsuits relating to these faulty containers. The people who owned Blitz are certainly cutting their losses. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [August 9, 2012, 9:06pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/25 "2012-08-09T21:06:00Z")
> [@Derleth](#): > > [Another cite stating the ways Blitz screwed up](http://central-pennsylvania.legalexaminer.com/defective-and-dangerous-products/wall-street-journals-gas-can-job-loss-claim-is-short-sighted.aspx?googleid=303504):And, according to my cite, the fact Blitz is shutting down will apparently affect the amount of compensation the victims receive, not to mention foreclosing on any further lawsuits relating to these faulty containers. The people who owned Blitz are certainly cutting their losses. If these things are true (as opposed to being the rantings of disgruntled employee now employed by plaintiffs attorneys), then I would agree that the lawsuits and their outcome was valid. > [@](#): > > As an employee of Blitz I was instructed to destroy documents and e-mails. I wrote a letter to ROCKY FLICK the CEO of Blitz expressing my concerns about destruction of documents. > Blitz had used of unapproved resin for 20+ years, distorted warning labels on the cans water spots, had excess regrind used beyond UL spec., sold gas cans under minimum weight, wall thickness, sold gas cans to California with falsified date wheels ($90,000 fine paid to CARB), had 5 defective spout designs in the last 20 years and none had flame arrestors, and had a 1 million can re-call in California for not meeting CARB requirements. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [August 9, 2012, 9:07pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/26 "2012-08-09T21:07:11Z")
> [@Czarcasm](#): > > Thank you. His post was of no value to your argument. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [August 9, 2012, 9:13pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/27 "2012-08-09T21:13:50Z")
The irony is, if no manufacturers of gas cans remain, more people will die in accidents when they carry gas in even more dangerous containers, like 2 liter soda bottles, or glass cider jugs. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [August 9, 2012, 9:19pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/28 "2012-08-09T21:19:04Z")
> [@Fear\_Itself](#): > > The irony is, if no manufacturers of gas cans remain, more people will die in accidents when they carry gas in even more dangerous containers, like 2 liter soda bottles, or glass cider jugs. I think we’ll have plenty of imported gas cans and no means of recovering damages as a result. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [August 9, 2012, 9:23pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/29 "2012-08-09T21:23:43Z")
Has anyone actually checked to see how hard it would be to find a gas can if this company dropped off the face of the earth? ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [August 9, 2012, 9:24pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/30 "2012-08-09T21:24:30Z")
> [@TriPolar](#): > > I think we’ll have plenty of imported gas cans and no means of recovering damages as a result. If they’re defective, there can be a lawsuit ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [August 9, 2012, 9:31pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/31 "2012-08-09T21:31:10Z")
> [@TriPolar](#): > > If these things are true (as opposed to being the rantings of disgruntled employee now employed by plaintiffs attorneys), then I would agree that the lawsuits and their outcome was valid. I suppose the upshot is, Blitz lost the court case, and lost badly enough the owners felt it was no longer worthwhile to continue the operation and potentially risk future lawsuits. That seems pretty damn probative right there when it comes to evaluating how bad Blitz’s operations likely were. And if you’re imputing untruthfulness based on likely bias, the WSJ isn’t known for looking on the _bad_ side of American free enterprise. I’m not accusing it of running a hatchet job, but every story comes from a perspective, especially if it’s an editorial. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [August 9, 2012, 10:10pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/32 "2012-08-09T22:10:41Z")
> [@Procrustus](#): > > If they’re defective, there can be a lawsuit Sure. Against a US importer with no assets, or in another country where you may have no chance of prevailing no matter how much evidence you have, or you prevail and are awarded the value of the gas can after spending a million dollars in legal fees. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [August 9, 2012, 10:22pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/33 "2012-08-09T22:22:58Z")
> [@Derleth](#): > > I suppose the upshot is, Blitz lost the court case, and lost badly enough the owners felt it was no longer worthwhile to continue the operation and potentially risk future lawsuits. That seems pretty damn probative right there when it comes to evaluating how bad Blitz’s operations likely were. That’s not a good argument for your case. If there was a defect in the cans that could have been corrected then Blitz would continue doing business with that correction. I think they are shutting down because there is no way for a company to protect themself from these type of lawsuits. However, the previous information you provided, if true, would make this similar to the MacDonalds case where regulations were not followed, and then this particular lawsuit was won on the facts. Though had I been on the jury I would have argued that the plaintiff was at least 99% responsible for the damages. However, I would consider destruction of evidence to play into punitive damages if that could be done under the law. Unlike the MacDonalds case where a reasonable person would not assume they could be horribly disfigured from a cup of coffee, in this case a reasonable person would expect that pouring gasoline onto an open flame would result in a deadly and disfiguring fire. If you don’t know the difference between coffee and gasoline I suggest you not use either. And if you’re imputing untruthfulness based on likely bias, the WSJ isn’t known for looking on the _bad_ side of American free enterprise. I’m not accusing it of running a hatchet job, but every story comes from a perspective, especially if it’s an editorial. [/QUOTE] The sources I’ve seen so far are biased, on both sides of this issue. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [August 9, 2012, 10:43pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/34 "2012-08-09T22:43:37Z")
> [@TriPolar](#): > > If these things are true (as opposed to being the rantings of disgruntled employee now employed by plaintiffs attorneys), then I would agree that the lawsuits and their outcome was valid. He can’t be “employed by plaintiffs’ attorneys”. He’s a fact witness, not an expert. I suppose the plaintiffs’ attorneys might have paid him to talk to the WSJ, but I can’t imagine why. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [August 9, 2012, 11:01pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/35 "2012-08-09T23:01:53Z")
Can anyone find the stupid freaking gas can thread where Blitz proved incapable of making a spill proof gas can that didn’t spill gas everywhere? I could certainly see people suffering serious injury after using one of those cans. Use a spill proof can, get coated with gas, get expolded, blame the gas can. I’m getting kinda tired of people trying to use the McDonalds case as an example of tort hell. When you actually look at the facts the women receiving compensation equal to one day of coffee sales is rather reasonable. My experience with Blitz gas cans have been them doing everything they possibly could to cut cost, even though they had no real competition. Maybe they should have focused more on quality. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [August 9, 2012, 11:06pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/36 "2012-08-09T23:06:32Z")
IIRC, Blitz was incapable of making a non-spilly can that complied with recently updated federal regulations. They apparently didn’t have a problem making them before 2010. Stella Liebeck didn’t even _get_ one day of McDonald’s coffee revenues; the award was reduced on remittatur to $640,000 including punitive damages. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [August 9, 2012, 11:06pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/37 "2012-08-09T23:06:52Z")
> [@TriPolar](#): > > Sure. Against a US importer with no assets, or in another country where you may have no chance of prevailing no matter how much evidence you have, or you prevail and are awarded the value of the gas can after spending a million dollars in legal fees. If they are selling gas cans in the US they have assets in the US. If their gas cans are unsafe the Consumer Product Safety Commission is going to catch on quickly and prevent them from being imported or sold. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [August 9, 2012, 11:43pm UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/38 "2012-08-09T23:43:45Z")
> [@boytyperanma](#): > > If their gas cans are unsafe the Consumer Product Safety Commission is going to catch on quickly and prevent them from being imported or sold. They didn’t stop Blitz. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [August 10, 2012, 12:57am UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/39 "2012-08-10T00:57:22Z")
> [@boytyperanma](#): > > If they are selling gas cans in the US they have assets in the US. that’s simply not true. A merchant places an order for them and they get shipped from a holding company in Chindia. Zero assets. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [August 10, 2012, 1:04am UTC](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730/40 "2012-08-10T01:04:06Z")
> [@leahcim](#): > > This is not the case. We (or rather society, through the legal process) is asking a gas can manufacturer to take action to try prevent some kinds of injuries caused by using the gas can in a way that it is typically used, even if that way of using the gas can is not proper. Using that logic then 100% of all products fail. In this case, the product was used in a manner that even a retarded monkey would know to be dangerous. People take stupid risks all the time and should be held responsible for it and not the product. [Previous page](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730.md?page=1) [Next page](https://boards.straightdope.com/t/shutting-down-of-blitz-usa-gasoline-can-manufacturer-tort-hell-or-justice/630730.md?page=3)