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The Ultimate Tort Reform!

By "Trading David"

Frequently I hear complaints about how litigation cost is killing us. I think the solution lies in a simple step. Abolish the tort of negligence. Negligence is failure to exercise the duty of care that a reasonable person owes another. The problem is that definition has been stretched to accomodate any random slip-up.

You are suppose to keep your eyes on the road. Normally, all of us do. However, suppose a circus parade or a LI in a tubetop came by. I'm the most disciplined guy I know, but there might be a momentary slip-up.

If an accident happened I'd be guilty of negligence if I was stupid to comment about the LI or parade.

It would all be a quite costly mess to sort out too paying greedy plaintiff's attorneys (like me) about half of the net payments made.

The solution is to kick out negligence and make everything based on recklessness which is knowingly taking a risk. This solution ideally would need universal health care coverage because tort law is really about arguing about health care cost alot of the time and a lack of political will for universal insurance. There would also have to be much stricter mandatory insurance all around.

Full post as published by My Memphis Attorney! on August 19, 2008 (boomark / email).