Common Questions About Tort Reform and Their Answers
by Altom M. MaglioWhat is tort reform?
“Tort reform” as it is used today is really an attempt to do away with the American jury. Why? Because the true proponents of tort reform don’t want to be accountable to anyone. Unfortunately, often the only time they are held accountable is by a jury of six to twelve Americans. A jury made up of men and women just like you. A jury that gets to hear the facts and render a decision based on those facts.
What about the jury that made that crazy decision?
First you have to find out if it really happened. Talk radio recently fixated on the story of a jury awarding a Texas woman $780,000 in a lawsuit against a store for allowing an unruly child to cause the woman to trip and fall. The story’s kicker is that it was the woman’s child. Is this an example of a jury out of control? Actually, it never happened. Despite being repeatedly reported in the media, the story is entirely false. Of course there are real examples of juries making seemingly irrational decisions. No system is perfect. However, when you hear of those cases remember that you are hearing about the exception, not the rule. Also, remember that unless you sat through the trial in the jury box, you did not hear what the jury heard.
What alternative to juries do tort reformers suggest?
Government regulation and expert panels. Why? Because they are easily compromised. Not outright bribes, that’s passé. The modern version is the government regulator works for an agency for a few years and then is assured a comfortable job by one of the businesses the agency regulates. Or, in the case of government panels, the eminent scientist on the panel subsequently receives funding from the business affected by the panel’s decision. This is not just commonplace, it is epidemic. Even when conflicts of interest are not a problem, government regulation rarely works. Real conservatives have recognized that for years.
Who supports the tort reform movement?
There are two types of proponents of tort reform. The first are those that believe the incessant news reports of crazed juries making irrational decisions. They believe that these reports are the rule, not the exception. They believe television’s talking heads' demands for tort reform. These people are the good, albeit misguided people.
Then there are the other proponents of tort reform. They are not what you would consider good people. They know better. They know the real motivation for tort reform. Or, at the very least, they have begun to believe their own propaganda. They are those who don’t want to be accountable to anyone and have the money to make it happen. Thus, the assault on the American jury.
What is behind the tort reform movement?
Really big business. The multinational corporations. The large insurance companies. Why? Because they don’t want to be accountable to any American jury. They control governments. They control markets. But they don’t control the six to twelve American comprising an American jury.
Small businesses may think that they support tort reform. But they are being hoodwinked. Since they don’t control governments or markets, small businesses need access to the legal system just like you and me. Small businesses have to be able to sue when the suffer damage caused by a multinational supplier’s defective product. Small businesses need to be able to sue when they are cheated by their multinational supplier. Using a different multinational supplier just won’t cut it.
Can’t we just pass tort reform to stop the frivolous lawsuits?
The problem here is determining what constitutes a frivolous lawsuit. Every person sued in a lawsuit believes the lawsuit to be frivolous. Under our legal system judges have some authority to eliminate lawsuits that don’t meet certain criteria. Expanding judges’ roles in deciding which lawsuits are frivolous takes power away from the jury. Instead of six to twelve people deciding a case, it is then being decided by one person. Judges have neither the time nor desire to take on this additional task.
One solution being used in some types of cases is that the loser pays the winner’s attorney’s fees. In litigation attorney’s fees are expensive and this would be a major disincentive to persons filing frivolous lawsuits. Likewise, wrongdoers being sued would have an incentive not to drag out a lawsuit. Notice that this isn’t being pushed by tort reform proponents.
What can I do to preserve my rights?
Don’t stand meekly by while you lose them. When “tort reform” is pushed, your future is at risk. Fight back. Let the politicians know that you won’t be tricked. Let them know that if they give your rights away they won’t be reelected. If an organization you belong to is pushing some new “tort reform,” find out what is really happening. Find out who is really behind it. Find out the real agenda.