Defence-oriented tort reform efforts have been prompted, at least in part, by earlier plaintiff agnes roddy robb professor of law, university of california, berkeley 1 harry kalven jr, ‘the dignity of the civil jury’ (1964) 50 virginia law review 1055.
Tort reform refers to the proposed changes made in the civil justice system that directly reduces tort litigation or damages the tort system was created to outline compensation methods and amounts for wrongs and harms committed by one party to another person’s property or protected interests.
United states tort reform wars stephen d sugarman in the united states (‘us’), for three decades, advocates on behalf of business and professional interests have been claiming that american tort law is out of control, imposing unjustified costs. Of various types of tort reform: limits on damages, modi- fications to joint-and-several liability, changes to the col- lateral-source rule, and reforms considered as a group.
Tort reform came to national prominence after the 2010 elections when the republicans won control of the house of representatives a key platform in that victory was a promise to reform tort laws on a federal level.
The goal and status of tort reform in the states at the heart of many states’ tort reform statutes is the pre-sumption that too many tort claims are filed and that court awards, such as those for punitive damages (which are intended to punish a defendant for willful and wan-ton conduct) and pain and suffering, tend to be excessive.
To fully understand tort reform, it only makes sense to begin with the definition of a tort itself a tort is a non-criminal civil wrong that involves an injury – physical, mental, or monetary – that is caused either through purposeful or negligent conduct.
Tort reform is necessary in the us because insurance companies, big business, big pharma and big medical interests, and unscrupulous irresponsible entities and persons need the protection of the courts and laws so they can make more obscene profit. Tort reform advocates focus on personal injury common law rules in particular in the united states, tort reform is a contentious political issue us tort reform advocates propose, among other things, procedural limits on the ability to file claims, and capping the awards of damages.