Plus punitive damages are supposed to be, you know, punitive.
Plus punitive damages are supposed to be, you know, punitive.
If there's no fear of punitive economic reprisal then there's less incentive to prevent negligence.
I'm not disagreeing with you. That was a tl;dr
It's pretty obvious that a law like that would discourage people from trying to seek damages in court, which is the problem with all tort reform
Define "loser." This issue with tort reform isn't that the plaintiff isn't owed damages, in most cases, so the plaintiff is nearly always the victor and the defendant the loser. The issue is with the judgements being sought.
Example:
If I slip and fall on your property, and show you are negligent (say you had a water leak), I am owed damages. Let's say I have no permanent injuries, but I have a 3,000 dollar medical bill.
You or your insurer offers 10,000 to cover the generals and specials. I balk and sure for an absurd 20 million, requesting generals, specials, and punitive. The court awards me your original 10,000 offer. I am still the "winner" of the court case, as it found you negligent and I am awarded damages. You still pay court costs because you are the loser. Is that fair, or should I be forced to pay due to my being litigious?
What if the court awards 18 million, or 12,000, some in-between amount (which is most likely)? Who is the winner and loser now?
In scenario one you are the loser. They offered $10k and you said no. You sued for $20M and got $10k. Sounds like to me you lost.
In scenario 2 you both lose. You didn't get what you asked for and they got zinged for more than they offered. You both lost. Cut the baby in half.
In scenario 2 you both lose. You didn't get what you asked for and they got zinged for more than they offered. You both lost. Cut the baby in half.
Not obvious at all.
It would discourage frivolous law suits and only those with merit would be brought. Suits brought simply because it is cheaper to pay than go to trial would probably simply vanish. If that were to be the case everyone wins. The insurance company, society, etc. The only losers would be those folks who sue at the drop of a hat over every silly slight imaginable.
Tort reform IS usually pushed for all the wrong reasons, to benefit all the wrong people. That much is pretty much irrefutable.
But...I've never felt sorry for that old hag that poured an entire cup of coffee on her own crotch.
And I'd just bury Cards out back if he fell on my property. CMOA.
But...I've never felt sorry for that old hag that poured an entire cup of coffee on her own crotch.
And I'd just bury Cards out back if he fell on my property. CMOA.
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