Well, it's done

[d-ray657]

Originally Posted by rickr15

Well Zeke I think you hit on one of the larger problems with todays society. Suing others for problems you caused. The Mcdonalds coffee lady comes to mind.
Don't even get me started on jurys that are dumb enough to facilitate this scam.

I obviously carry some professional bias here, but those who oppose government regulation should not support "Tort reform." Jurys are composed of 12 citizens (Often 6 in civil cases). It is the average citizen who determines the ultimate responsibility for an injury, the cost of the injury to the individual, and, if applicable, an amount that would prevent future conduct similar to that which caused the injury. Rather than start a government program, the lawsuits provide an individualized approach to some sorts of dangerous or negligent conduct.

Yes, there are going to be outrageous cases, but those are really a small minority. Quite often juries are able to see through the BS. And yes, damage awards do affect insurance rates, but then so does the greed of the insurers. Insurers are secretly happy when a large award generates publicity, and they get an excuse to jack up their rates. Moreover, they are not above using fear to market their products - sorta like the life insurance salesman driving to a prospect's house in a hearse.

Damage awards have also resulted in safer practices. Lawsuits will often expose unsafe practices, which will result in greater emphasis of creating a safer product, on creating safer methods in surgery, in creating a more vigilant watch over care practices, etc. We don't know what would have been the human cost and cost in productivity if safer methods spurred on by damage awards had not been implemented.

Just another perspective.

Regards,

D-Ray