Chapter Overview
Chapter 22: Torts and Public Policy

As a matter of public policy, tort law should compensate harmed victims promptly and efficiently, ensure that victims receive the compensation from the responsible defendant, and deter future risky behavior. Many people criticize the current tort system for various reasons, including unreasonably high awards to plaintiffs; the expense, length of time, and complexity involved in tort suits; and difficulty in determining who is at fault.

Tort Reform  Tort reform is a movement that has developed to address people's concerns about the tort system. Some efforts at reform target the actual process involved in settling tort claims. One effort is to try to convince the parties to settle out of court to avoid a lengthy and expensive trial. Other tort reform efforts focus on placing limits on how much a plaintiff can collect. These may include laws that set a limit for damages awarded for pain and suffering or that make it more difficult for a plaintiff to collect punitive damages. Punitive damages are meant to punish a defendant rather than compensate a victim.

Medical malpractice is an area of tort reform that is particularly controversial. As tort awards increase in number and size, insurance premiums paid by doctors and hospitals have increased. Eventually this cost is passed on to patients, driving up the already-high cost of medical care. Competent doctors sometimes are driven out of business due to the high cost of their insurance. Some people believe this situation must be addressed, but others argue that it is important to have a system that allows patients who have suffered harm to recover adequate damages.

The Cost of Safety  Safety is not free. There is almost always some cost involved when precautions are taken to make an activity safer. When a company takes safety precautions or is forced to pay for the injuries caused by its products, those additional costs are passed on to consumers. Therefore, we all pay for the cost of safety.