Teutonik,
I'm not an attorney and have only been a peripheral part of product liability cases involving automakers I've worked for, but clearly we have different perspectives on this. My perspective was to minimize our exposure to lawsuits by avoiding having technology out there that did not have enough supportive data to expect it to hold up in court. The best kind of supportive data was years of experience with a given material or system, and that it was the current industry practise as shown by other manufacturers employing it. As a former Product Planner, we regularly met with our Legal staffs regarding various proposed or existing technologies, and while innovation in things like climate control, convenience features, seating, etc were never an issue, things like electronic brakes, etc were. As an example, BMWs have had fully electronic steering overseas for years - no mechanical connection whatsoever. Here in the states, they left the mechanical connection (meaning the normal steering shaft from the steering wheel to the steering box) but it was electronically powered. The purpose was to gain data and experience with it in the overly litigious US market before removing the mechanical connection.
I think the legal system has its place, but disagree that it encourages innovation or devation from set standards or practices in any way. In fact, should the legal system see its role as guiding or in any way influencing innovation I would flatly disagree just as I disagree with the US government 'influencing innovation' (ie forcing changes with regs/laws) in the auto industry. Each of these bodies has a role, but I feel innovation should be left to the market (buyers) to guide by voting with their pocketbooks whether they want 30mpg sedans, or a rockin fire breathing V8. Unfortunately, auto companies and most organizations like them long ago shaped their behavior, structure and products to the 'heavily regulated' way of doing business. We consumers are the poorer for it as auto companies spend untold billions attempting to meet an incredible array of misguided, conflicting and downright stupid regs as well as defending themselves against a similarly afflicted onslaught of lawsuits.
Please don't take this as an attack upon you or your profession. I have a lot of good friends who are attorneys and you know as well as I that in any profession there are good and bad and I'm assuming that you're a good one. Didn't mean to get preachy here and I'll now dismount my high horse :-X
DougM