« Vegetarian's Nightmare | Main | Definition »
November 13, 2002
Tort Reform Part I
Tort Reform Part I
This post over at Acidman's prompted me to write down some things I've been pondering about tort reform. Torts is not an area in which I regularly practice, but basically you can define a tort as a harm done to you by someone who should have taken care not to harm you. You sue to get the harm fixed, if it's possible to do so, and/or for money. Money is awarded for the present & future costs of the harm, and for punitive damages. Punitive damages are like a smack upside the head as punishment for the wrong act and as a deterrent so they'll remember to take better care next time. This can be a light slap (small award) or a two-handed slug upside the head with a cast iron skillet (large award), depending on how egregious the conduct is. You can also ask for attorney's fees and costs of bringing the lawsuit. The object is, at least in theory, to put you back in the same position you were before you were harmed, compensate you for the harm done, and deter the one who did you wrong and others from doing it again.And it does work that way, most of the time. The exceptions are the ones that make the news. (Just like it's the really bad lawyers that give the rest of us a bad name.) There are several reasons this process can go badly wrong, and several reasons why a limit on awards won't work. I'll explore those in Part II a little later.
Posted by Rita at November 13, 2002 09:53 AM