The Issue Of Tort Reform

There is a need that each school, its administrators and teachers should know the law of torts. In order to create a "culture of safety" principals should manage the risk of negligence to the faculty and students. As Burgett and Schwartz state, “being a teacher, administrator, board member, school employee, parent, or even a student is tricky business these days” (p.9). Therefore, each decision or actions’ steps should be made based upon ethical and legal principles. The particular high school puts an emphasis on health and safety issues. The school, the buildings, and the classroom are certainly the most critical areas of an educational institution where safety and health take place but also behavior and attitude reflect the importance of the serious business of learning. Therefore, the following three legal issues: unsupervised students, hallways, and field trips demand some improvements, accommodations or extra care to maintain the safety and healthy environment for students and employees.

ASSAULT, BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON'S BODY.

The Woburn case is an example of a complex tort case. A tort case involves any personal injury someone sustains due to the negligence of someone else. The plaintiff is taxed to prove three features: the defendant must have a duty of care for the plaintiff, the defendant breached this duty of care, and general causation. Without general causation, the defendant could have a duty of care and breached this duty of care, but there would not be a tort case only with the association between the defendant’s behavior and the personal injury sustained by the plaintiff.

The ATRA and CALA are trying to stop minor cases from receiving enormous sums of money which will dampen the economy. The subject matter of these cases varies to some length including but not limited to medical and car insurance. In a case against Rich Mountain Nursing and Rehabilitation Center of Mena, jurors found the defendant, Mena, guilty of malpractice in the death of Margaretha Sauer, a ninety-three year old woman. The non-economic punitive damages cash award for the suffering and pain of the Sauer family to be paid by Mena was seventy-eight million dollars. Punitive damages is one of the issues that the ATRA is trying to combat. If nursing homes continue to have pay large sums for punitive damages, they will not be able to survive. The premium average liability offered by nursing homes has increased from $820,000 in 1999 to $11.6 million in 2001. With the liability premiums continuing to rise, the prospects of profits continue to dwindle. They will have no chance at retaining a profit and thus will have to close. It will also mean that doctors will charge more for their services, which leads to fewer health insurances carrying

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was

Who is at fault? How much should I get? How long do I have to cerebrate about it? These are the three sizable questions when it comes to tort reform. This is one of the sultriest legal topics bypassing the country because not only does it affect the victim, it withal effects the incriminated and the rest of the taxpayers. First, if there is no tort reform the United States will perpetuate on its lawsuit blissful path causing insurance rates and costs to perpetuate to skyrocket. On the other hand, if there is an inordinate amount of reform, victims will be left behind and their rights lost. Lastly, I would relish to do more research on what precisely needs to be transmuted to make the legislation fair for all parties involved. In Conclusion,

Tort reform refers to laws passed on a state-by-state basis that basically places limits or caps on the type or amount of damages that can be awarded in personal injury lawsuits. Personally, I definitely agree that tort reform should be passed into law for every state because sometimes the damages that are awarded in lawsuits are too excessive. Moreover, tort reform still allows for the plaintiff to recover damages just not at an excessive and unreasonable amount of damages.

Identified in “General Business Organizations” and has been a successful group in Texas since 1994 is the Texans for Lawsuit Reform (TLR). Business leaders formed this group and were determined to change what they perceived as “Texas’ Wild West Litigation Environment” by changing the state’s tort laws. Torts are wrongful acts; in the Texans for Lawsuit Reform, taking away the right of a citizen who loses in a civil lawsuit can be forced to pay an extra amount as punishment. The Texans for Lawsuit reform is a volunteered-led organization that “seeks to create a civil justice system that discourages non-meritorious lawsuits or outrageous claims for damages” (votesmart.org). TLRPAC, which stands for Texans for Lawsuit Reform Political Action Committee

Tort reform is a push by special interest to limit tort litigation in the U.S. The documentary Hot Coffee, walks us through 4 case studies on the methods used by the Tort reform lobby. Composed of businesses, manufacturers, hospitals, insurance companies and other businesses. Using their money to affect changes to the 7th Amendment statutes:

Plainly said, Tort Reform is caps on damages. Tort reform is not just one single idea or law, but mostly it's a group of ideas and laws which are designed to change the way our civil justice system works. After careful examination of several sites and blogs, it is obvious that Tort Reform is extremely controversial. Several articles aimed at providing a neutral explanation of what individual tort reform measures are, and the effect they will have on the court system and on citizens, if we are not careful when we vote for these types of policy changes. (Admin,

As defined Tort reform advocates propose among other things, procedural limits on the ability to file claims, and capping the awards of damages. There are common goals for each different tort reform; some of these include

It is a good post. I enjoyed reading it this week. It is very interesting that the state of West Virginia cannot be made the defendant in any court, not many states do like West Virginia. The federal tort law is very important to all people and the states in the United States that it at least tries to prevent any unfair situation, and benefit to the claimants because the federal tort law is a tool, which provides an incentive to the claimers, if the claimers win the court and gets the benefits from it, and so, every potential injurer is under this law, such as senators, presidents, police officers, government officials, and firefighters (Geest, 2012).

Two individuals, the Baker brothers have been long-term employees of Bin Inc. a company earning $240,000 per year and the only company providing food to a chain of guesthouse. The Bakers each make $55,000 per year. The contract between Bin Inc. and the guesthouses was established in 1981 and is currently being renewed every three years on September 30 taking effect January 1 of the following year. Bin Inc. and the guesthouses agreed to have four deliveries per day so that guests are adequately provide for. The Bakers are aware that net profit from Bin Inc. catering operation average $240,000 per year. They also know that late arrivals have caused tension between the guesthouses and Bin Inc. a scenario that are contrary to the agreements between the parties. They have started their own food company (Bakers Inc.) and did not rule out service to the guesthouses. Since starting the company, the Bakers have been absent from Bin Inc. on a number of occasions without pay and this has contributed to the deteriorated service of Bin Inc. to the guesthouses. In addition, seven guests at the guesthouses suffered food poisoning after consuming the food (no fault of their own) on July 18, 2012 and approached the guesthouses who then informed Bin Inc. The tainted food can be traced to the work of Farknn Baker. The Bakers have conceded that Bin Inc. had a recent City inspection on July 10 and was given 15 days to improve sanitary conditions at their kitchen or face closure. Bin

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own

Image result for stress gifEmergency physicians work really hard, usually managing more than one critical patient at a time. Some patients will ultimately die in front of them even after they do everything they could; worse still, they will have patients who suffered from abuse, either as a child, sexually or even both, along with other terrible scenarios like car accident victims. Lawsuits along with other forms of the patient taking legal action against the doctor are common; in fact, they have been ranked the fifth most likely to be sued in comparison to other specialists. It's commonly thought that they have high rates of "burnout", which means that they have shorter, less effective careers than other physicians; However, according to the AMA Physician Masterfile, their decline rate, including death, is only decreasing at about 1.7% per year, which is lower than the 2% or 3% average of other specialists.