Preview

Tort Reform

Satisfactory Essays
Open Document
Open Document
370 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tort Reform
BUS 2100 – Business Law
TORT REFORM
Tort reform is a group of ideas and laws designed to change the way our civil justice system works. It’s designed to make it more difficult for injured people to file a lawsuit, make it more difficult for injured people to obtain a jury trial, and to place limits on the amount of money injured people receive in a lawsuit. In my opinion it's just all a load of crap that takes a dump on our already sketchy legal system. It takes the rights of the people out of court, and replaces it with laws that favor those at fault versus the victims. The hot coffee case, when you see what happened to the old woman and how McDonalds had hundreds of complaints and hundreds of burns because they kept the coffee at a temp that was capable of giving third degree burns in seconds. It makes me wonder exactly why so much advertising went in to bagging on this old woman. If a company knows there is a serious defect in their product capable of injuring people and puts it on the market anyway without informing the public, they ought to be sued.
Tort reform can do nothing but hurt the average person in America who has suffered an injury due to the negligence of another. There are thousands of cases of experiences where babies have suffered brain injury due to medical negligence, workers have lost limbs because of faulty machinery, construction injury occurs as the result of defective equipment, and spinal injury has occurred due to faulty seat belts or defective tires. I could really go on and on with more stories about badly injured consumers who are forced to shoulder the high costs of medical mistakes in order to provide cheaper malpractice insurance for doctors who have made such medical errors. This would sadly take all day, which is hard to believe that this has gone so far. To me it just doesn’t seem right it makes the average American second guess there trip to the doctor or even just to get a cup of coffee. I like to feel safe, and Tort

You May Also Find These Documents Helpful

  • Powerful Essays

    health care law

    • 1323 Words
    • 6 Pages

    LLHC violated the EMPTALA law. The likelihood providers will prevail against claimants: “It depends” LLHC physicians will have a difficult defense in this case because the patient condition became worse causing impairment. They also did not transfer the patient to a facility that could provide the appropriate level of care. (Trauma facility) after the found out they did not have a brain surgeon on staff, only an endocrine physician. Will LLHC win? “It depends” The Possible defenses: LLHC offered Chipper another physician at another facility, but he refused this because he claimed our providers were the best in the world. The Medication provided might have caused Chipper to become…

    • 1323 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    The National Coffee Association advises that coffee should be brewed at 195 to 205 degree Fahrenheit for the ideal extraction and served at 180 to 185 degrees Fahrenheit. The law firm of Gallivan, White and Boyd gave their opinion that “Just because a product can cause serious injury when handled negligently doesn’t not mean that product is unreasonably dangerous when and if used properly” (The Original Hot Coffee Product Liability Case, Gwblawfirm.com). I believe the severity of Liebeck’s injuries and her old age is what made the jury feel sympathetic and side against McDonalds restaurants. Liebeck argued that there was no warning label on the McDonalds coffee cup to inform the customer. However on McDonalds promotional poster and on their website there was sample picture that showed “Caution: Contents Hot” in an orange text on the cup. In my opinion I do not think McDonalds should have been held accountable for Liebeck acting careless with hot coffee. However, McDonalds should have covered Liebeck’s medical expenses out of good faith since they could easily afford it. McDonalds sending Liebeck for $800, which didn’t even cover half of her medical bills, displays McDonalds lack of concern and sympathy for Liebeck’s horrendous injury. Even worse, from 1982 to 1992, McDonalds coffee has burned more than 700…

    • 1016 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Tort Law Case Study Essay

    • 996 Words
    • 4 Pages

    In the case at Gigantic State University, students that were a part of the SFT committed several careless acts. Within this particular case there was a definite crime that was committed because both Prudence’s physical and mental integrity was harmed. Not only could this case be classified according to the textbook as an intentional tort against persons but could be put into intentional tort against property. Torts against persons are intentional acts that harm an individual’s physical or mental integrity (Kubasek, pg. 111). A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or “liable,” for those injuries. According to the case, Prudence’s physical integrity was harmed…

    • 996 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Tort

    • 590 Words
    • 3 Pages

    1. What did Woolley do to show his acceptance of the terms of employment offered to him?…

    • 590 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    TORTS Final Exam Outline

    • 4593 Words
    • 19 Pages

    • In order to determine if a child is behaving negligently, a child must conform to what a reasonable person of like, age, intelligence, and experience under like circumstances.…

    • 4593 Words
    • 19 Pages
    Powerful Essays
  • Satisfactory Essays

    Healthcare reform is intended to increase the health of the American people and decrease the cost of healthcare. Prior to the law the health care access and insurance coverage was limited, and there was a rise in unhealthy people. The American people had complained or have accessed health care with no way to pay the bills Part of Healthcare reform is to ensure the American people have health care coverage and begin to take control of one's health to live a longer life, which will ultimately lower the costs of healthcare.…

    • 601 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Bragdon, T., & Allumbaugh, J. (2011, July 19). Healthcare reform in maine: reversing "obamacare lite". Retrieved from http://www.heritage.org/research/reports/2013/11/health-care-reform-in-maine-reversing-obamacare-lite…

    • 802 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    tort law

    • 320 Words
    • 2 Pages

    3) How were the elements of intentional infliction of emotional distress applied to that case? In other words, explain why the court concluded that there was enough evidence to establish intentional…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Health Reform Case Study

    • 443 Words
    • 2 Pages

    The individual mandate in health reform is quite controversial. Discuss one policy argument supporting the mandate and one policy argument opposing the mandate=============.…

    • 443 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Tort Outline

    • 9959 Words
    • 40 Pages

    Exam Analysis Chart out all of the torts that are in the fact pattern. Who are the plaintiffs and defendants? Make the prima facie case. Raise the defenses to the prima facie case. General considerations, if any. Vicarious liability Joint tortfeasors Intentional Torts – Attacking the fact pattern Always treat the plaintiff as an average person (no super sensitivities except when D is aware of them.) Everyone is liable for an intentional tort!…

    • 9959 Words
    • 40 Pages
    Good Essays
  • Good Essays

    The Prison Litigation Reform Act (“PLRA”) generally requires a prisoner Plaintiff to exhaust administrative remedies before filing suit in federal court. Title 42 U.S.C. § 1997e(a) provides that “[n]o action shall be brought with respect to prison conditions under § 1983 of this title, or any other Federal law by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” See also Moore v. Bennette, 517 F.3d 717, 725 (4th Cir. 2008). The Supreme Court has interpreted the language of this provision broadly, holding that the phrase “prison conditions” encompasses “all inmate suits about prison life, whether they involve general circumstances or particular episodes, and whether they allege excessive force or some other wrong.” Porter v. Nussle, 532 U.S. 516, 532 (2002). Exhaustion is mandatory and unexhausted claims may not be brought in court. Thus, the exhaustion provision plainly extends to the Plaintiff’s allegations, and his claim should be dismissed unless he has satisfied the administrative exhaustion requirement under the PLRA.…

    • 1648 Words
    • 7 Pages
    Good Essays
  • Satisfactory Essays

    Tort Law

    • 435 Words
    • 2 Pages

    1. Smiley, a buyer for Carrefour Fashions, entered the store of a rival firm, Boulevard Boutique, in order to find out what latest lines they were carrying. He was recognized by Maldini, the manager of Boulevard Boutique, who called the store detective, Rocco, and ordered him to “keep an eye” on Smiley while he, Maldini, called the police.…

    • 435 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The reason for Health Care reform is to make it easier on the citizens to be able to afford health insurance in the case they were to get sick or prevent them from getting sick. The law makes it more affordable instead of the rising cost, it is lowered so people can have insurance. The Health Care Reform act made it to be were the insurance companies will be held accountable…

    • 1097 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Federal Tort Claims Act

    • 1331 Words
    • 6 Pages

    It is essential that the security and criminal justice personnel advocate, adhere to, and impose the law without prejudice or malice. The Constitution contains amendments and laws that defend and protect individuals from violation of their rights. Law enforcement and security officials retain the authority to enforce the law and ensure justice. This authority includes detaining and arresting suspects, searching and seizing property, and using deadly force in certain situations. But, with these powers officials must use discretion and act within the law thus ensure they do not violate an individual 's rights which may result in any civil or criminal liability claims (Federal Bureau of Investigation). It is vital that criminal justice and…

    • 1331 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Like many legal issues, the mentioning of tort reform has the ability to stir up controversial debates. Tort reform addresses civil lawsuits of various degrees such as medical malpractice, automobile accidents, and personal injury. Therefore supporters of tort reform seek to ensure laws are changed that limits the amount of damage recovered. Those who are against tort reform believe their Constitutional rights are violated.…

    • 800 Words
    • 4 Pages
    Good Essays

Related Topics