Tort Reform- Another attack on the Poor?

December 3, 2008

My alma mater, Washington University School of Law, has published a couple of studies on the effects of “tort reform” in one of the school’s highly regarded legal journals. The first of these, Reforming the Tort Reform Agenda, http://law.wustl.edu/Journal/25/Davies.pdf, investigates the effect of tort law restrictions on the poorest in our society. By closing the court house doors, justice is effectively denied to those with the least resources in our society. A second study goes further, exploring The Racial Implications of Tort Reform, http://law.wustl.edu/Journal/25/DoroshowWidman.pdf.

These articles offer academic support that tort reform protects insurance companies while harming American consumers. Unfortunately, Americans don’t know that their rights have been attacked until they or a loved one are injured. And then, it is too late.

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Defining Tort Law

A name given to a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations. Tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury.