Enlightened ramblings of a minarchist libertarian with Objectivist tendencies

Thursday, November 18, 2004

Tort Reform Redux

$128.8 billion. That is the annual cost of lawsuits and liability insurance for American businesses, with small businesses paying almost half of that.

I am neither a lawyer nor an economist, but I don't think you need to be in order to realize that we have a problem in this country. Our civil legal system has basically become just another state sponsored lottery where lawyers and frivolous plaintiffs hope to get 7, 8, or even 9 figure judgments.

Just last month, I was summoned for jury duty for a multimillion dollar lawsuit being filed against Pirelli Tire and Sears. The case involved a tread separation and the death of two individuals. Here is the problem though: it was not a new tire, it was used. Although Sears had originally sold the tire, it since been run for x-amount of time and then sold to a third party used tire dealer, who then later resold and mounted it on the vehicle in question.

So, even though Sears only sold the tire in "new" condition and had nothing to do with it after that point, they were being drug into court, while that used tire reseller sat at home scratching his ass because his pockets weren't deep enough. I was of course shocked to learn during the voir dire that Texas (and assembly many other states) allow plaintiffs to bring suit against "innocent sellers." Needless to say, I expressed my distaste for this along with my belief in jury nullification and I didn't make the cut.

Cases like this happen everyday in this country. Activist judges allow nonsensical cases to proceed on the flimsiest pieces of evidence. Lawyers get rich on class action lawsuits that pay them millions while those supposedly wronged get sometimes as little as a couple of dollars.

The system is broken and needs fixing, the question is can it be done?

4 Comments:

Anonymous Anonymous said...

Nice site!
[url=http://ytmtyheo.com/vbpf/cyqk.html]My homepage[/url] | [url=http://mbllcvak.com/kvna/dcaf.html]Cool site[/url]

3:17 AM  
Anonymous Anonymous said...

Nice site!
[url=http://ytmtyheo.com/vbpf/cyqk.html]My homepage[/url] | [url=http://mbllcvak.com/kvna/dcaf.html]Cool site[/url]

3:17 AM  
Anonymous Anonymous said...

Good design!
My homepage | Please visit

3:17 AM  
Anonymous Anonymous said...

Well done!
http://ytmtyheo.com/vbpf/cyqk.html | http://maamlsvg.com/tdhk/omlh.html

3:17 AM  

Post a Comment

<< Home

-->