Tort Reform in the Us

1193 WordsOct 9, 20085 Pages
The Need for Tort Reform in the United States Tort law is a type of law that is designed to offer remedies to civil wrongs. Unlike contractual damages that occur, where responsibility is predetermined, tort law is designed for someone who is legally injured to be able to recover damages from the person who is deemed legally responsible, or liable for such injuries. Tort law is broken down into three main categories, negligence, strict liability, and intentional tort. In negligence tort one is accused of causing damages through their carelessness. After accusation of negligence the plaintiff must be able to show that the defendant had duty of care, and that a breach of duty had occurred that caused the damages. Strict liability is a…show more content…
As aforementioned the severe costs of the American tort system have and are becoming more of a burden on the economy. The effects do not only affect American families, but also businesses as they have to pay higher insurance costs. Excessive litigation also hurts the economy by slowing down productivity and growth due to the lack of risk-taking which consequently slows down the introduction of new technologies. Trying to tackle this problem is University of Virginia law professor Jeffrey O'Connell and Michael Horowitz of the Hudson Institute, who together have accumulated a number of tort reform ideas that potentially eliminate the absurd incentives of tort law and result in cast economic savings. The pair had three reform ideas. First is the “auto-choice” reform which is designed to make $40 million in savings available on auto insurance premiums. The desired result from this reform would translate in a saving on a typical insurance premium of an average of $221. The second (co-authored by Professor Lester Brickman of the Cardozo Law School) is the contingency fee reform. It is designed to appreciably lower attorney fees by $45 billion a year. It would do this by paying the plaintiff’s attorney the amount that they add to the client’s settlement. This is a sort of incentive plan that would give greater reason for the attorney to

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