Tort Reform
Tort Reform
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XXXXXXXXXX University
Tort Reform
In the past several years, the focus surrounding tort law has grown significantly. Why all the attention? Most people say it is because of the increase insurance liability and the recent up rise in ridiculous lawsuits. One of the most recognizable suits out there is the infamous “McDonald’s Hot Coffee” Lawsuit. This well known lawsuit sparked controversy and propelled tort law into the public eye. The term tort is defined as “Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought” (thefreedictionary.com). While there has been plenty of attention regarding tort law, there has been just as much attention focused on tort reform. “Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and limiting the awards they could receive” (Crane).
In the article “Tort Reform: What Is It and How Does It Affect You?” Attorney John R. Mininno states, “Tort reform is an effort to take away the average consumer 's rights to fair compensation for substantial losses brought on by negligent manufacturers, doctors, nurses, or caregivers. Tort reform allows big businesses and other power players to get away with negligence, fraud, or other acts of harm. These corporations and insurance companies, along with their political counterparts and lobbyist, promote an aggressive campaign of propaganda, boasting false economic benefits of tort reform, in hopes to drum up popular support for limiting ordinary citizens their rights. These well-funded lobbyist push for caps on the recoveries that judges and juries can award in litigation and, in turn, aims to limit liability and allow companies to escape full and fair compensation to the people they injure.” (Mininno). In
XXXX XXXXX
XXXXXXXXXX University
Tort Reform
In the past several years, the focus surrounding tort law has grown significantly. Why all the attention? Most people say it is because of the increase insurance liability and the recent up rise in ridiculous lawsuits. One of the most recognizable suits out there is the infamous “McDonald’s Hot Coffee” Lawsuit. This well known lawsuit sparked controversy and propelled tort law into the public eye. The term tort is defined as “Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought” (thefreedictionary.com). While there has been plenty of attention regarding tort law, there has been just as much attention focused on tort reform. “Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and limiting the awards they could receive” (Crane).
In the article “Tort Reform: What Is It and How Does It Affect You?” Attorney John R. Mininno states, “Tort reform is an effort to take away the average consumer 's rights to fair compensation for substantial losses brought on by negligent manufacturers, doctors, nurses, or caregivers. Tort reform allows big businesses and other power players to get away with negligence, fraud, or other acts of harm. These corporations and insurance companies, along with their political counterparts and lobbyist, promote an aggressive campaign of propaganda, boasting false economic benefits of tort reform, in hopes to drum up popular support for limiting ordinary citizens their rights. These well-funded lobbyist push for caps on the recoveries that judges and juries can award in litigation and, in turn, aims to limit liability and allow companies to escape full and fair compensation to the people they injure.” (Mininno). In
References: Buttell Crane, A. (2005, July 27). The ABCs of tort reform. Retrieved from http://www.bankrate.com/brm/news/pf/20050727a1.asp Consumer Attorneys of California. (1996). The Actual Facts About the McDonald 's Coffee Case. Retrieved from http://www.lectlaw.com/files/cur78.htm Department of Justice Study Disproves Tort Reform Myths. (2010). Retrieved from http://www.citizen.org/congress/article_redirect.cfm?ID=5671 Devine, J. (2010, January 12). The Two Sides of Tort Reform. Retrieved November 11, 2012, from http://ezinearticles.com/?The-Two-Sides-of-Tort-Reform&id=3564752 Etier, B. (2011, October 31). Hot coffee blows the cap off tort reform. Retrieved from http://technorati.com/entertainment/film/article/hot-coffee-blows-the-cap-off/ Mininno, J. (2011, January 14). Tort Reform: What Is It and How Does It Affect You? Retrieved November 11, 2012, from http://ezinearticles.com/?Tort-Reform:-What- Is-It-and-How-Does-It-Affect-You?&id=5673376