Tort reform ... or tort deform as I like to call it ... is apparently a never ending battle across the United States. I first became aware of the tort reform battle early on in my legal career, when the U.S. Chamber of Congress poured millions of dollars into Mississippi in an effort to get massive tort reform laws passed to separate citizens of Mississippi with their Constitutional right to obtain due process in courthouses across the state.
Proponents of tort reform claim such so called "protections" such as caps on damages and limits on where and when lawsuits can be filed were needed to reduce the filing of frivolous lawsuits. While the reduction of the filing of frivolous lawsuits is an admirable goal, this was merely a smoke screen used to get the public's support behind laws that do nothing but hurt the members of that public. Damage caps do not prevent the filing of a frivolous lawsuit. Damage caps by their very definition only affect the lawsuits that require large damage awards to properly compensate a plaintiff for grievous or catastrophic injuries. Damage caps hurt those actually injured, but does not stop or even discourage the filing of frivolous lawsuits. The only parties that damage caps and other tort reform measures protect are the ones that deserve the least protection, those entities that are negligently and/or willfully injuring others, often times for purely selfish motives such as increased profits.
The public needs to know about the dangers of tort reform and the propaganda spewed by the peddlers of these dangerous and anti consumer laws. So that is why I started this blog ... to hopefully educate the public about the dangers of tort reform and identify those politicians who are stabbing their own constituents in the back by supporting such terrible laws.
So come back often (and tell your friends) and educate yourself about the evils of tort reform because legislative attempts at tort deform will be coming your way before you know it, if its not already happening in your state.
Wednesday, February 15, 2012
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