To Reform Or Not To Reform?

Outrageous claims targeted towards large corporations and their so-called "negligence" have been flooding the courts in recent years, and the debate remains: "to reform or not to reform?"

Some of the claims that have been rewarded are much beyond common sense and many people have united to speak out against these exorbitant cases. They want to reform what is called the "tort" system to protect the companies that are being attacked. Such people include large companies such as McDonalds, Bally Health Club; as well as special interest groups such as U.S. Chamber of Congress; and other groups whom have assembled such as ATRA, the American Tort Reform Association.

Their arguments have been met with great support and their reasoning has provoked many Americans to get up and take a stand for tort reform. They argue that the American tort system has caused great fear among successful businesses, which are now rearranging their priorities. These businesses, instead of concentrating on their services and products, are now far more concerned with watching their every step, move, and label on hot coffee. One assistant professor at the George Mason University School of law, David Bernstein claims that the tort system "resembles a wealth-redistribution lottery more than an efficient system designed to compensate those injured by the wrongful actions of others."

The people for tort reform also point out that the tort system is setting an awful example for today's youth. They say that the children are witnessing these amazing cases and learning that it is okay to bend the truth and that if they do bend the truth, they will be benefited. They see the tort system as a foe to the morality of America.

Lastly, they argue that the tort system is just completely beyond all common sense and needs to be stopped or reformed now.

However, these people do not go unopposed. There have also been many groups and citizens whom have assembled to stop tort reform. They have their arguments as well, of which some are very convincing and appealing.

Some of these people include consumers, environmentalists, attorneys, and other civil rights activists. These people are extremely concerned that the tort system reform might start a domino effect in which more and more of the people's rights and powers will be taken away and given to large corporations. They claim that if government takes this one step in giving large businesses power, they will eventually be helping the businesses abuse their consumers and workers.

They argue that laws to reform the tort system are violating the right to trial by jury because it is limiting what the people can bring to court by dictating how much a jury can award a plaintiff. They also argue that reforming the system would violate access to the courts. Also, they point out that the reforms would violate separation of powers because the legislative branch would be telling the judicial ranch what rules to establish and follow.

These people, most of all, fear that this will mean negligence and abuse from large corporations towards their workers as well as consumers and will destroy the power of the Constitution and government.

Some of what is happening includes many lawsuits by the hour, proposals from interest groups to reform, as well as some laws that have already been passed.

Just taking a brief look at the cases that have surfaced from these tort laws shows what these two groups are talking about. For instance, there is the much-publicized McDonald's coffee incident in which an elderly woman sued the company for spilling the coffee on her. She claims that McDonald's should have put on a label warning the consumers about the dangers of the contents.

This is just one of an incredible amount of cases such as one some have come to call "Mickey Unmasked" in which Disneyland was sued for the "emotional distress" several children "suffered" after witnessing their idol, Mickey Mouse, take off his mask to reveal he was not real. Other cases include a man who is suing the dairy companies for making him addicted to milk and therefore gaining weight and endangering his health.

These cases have not gone unnoticed, as there is much proposal to reform the tort system. Some people have proposed limitations on what sort of cases can be even brought to the court, and other propositions include taking away some of the people's rights to sue.

Some of these proposals have already gone into effect, for example, in Florida, Ohio, Illinois, Indiana, and Oregon, they have begun to reform the system by passing laws dictating how much a jury can award a plaintiff.

The U.S. Senate should definitely enact some sort of reform upon the tort system to prevent anymore of these "hot coffee" cases that are keeping the courts from dealing with more important cases. There is a great and obvious need to protect the companies from abuse of their consumers and workers. However, there cannot be reform to the point where the people's rights are taken away and they are put into the position where they are subject to negligence and harmful conditions. These reforms have become necessary because people have taken their rights and abused them to an extent where the government needs to step in and put an end to it. Also, the abuse of the rights is ruining the morality among the people of the United States.

In order to reform the long-standing system, many changes need to take place. For example, the courts should have special ways of handling these tort cases, such as a shorter trial period; i.e. less talk and quicker decisions. Truthfully, the system will be very difficult to reform because it has been instilled in our society and also, there is no win-win situation where both consumers and businesses will be happy.

In conclusion, even if somebody will be unhappy, the system must be reformed.

Don't forget to sign my GuestBook and Join my Mailing List!

thanx!!