Big government supporters such as Rick Perry, Rick Santorum, and Newt Gingrich want the public to believe that tort reform is the answer – that tort reform will solve all of our woes. This couldn't be further from the truth. They would like the public to think that all conservatives are supportive of tort reform. That just isn't true either.
What tort reform does does do is essentially take away our 7th amendment right to a jury trial. Tort reform places caps on what injured people can receive from a lawsuit (this happens frequently in state medical malpractice cases). Even worse, some tort reform would actually bar an injured person from the court house altogether (this happens when various product or drug lawsuits are barred). Tort reform takes the jury's job away – the very thing provided by the 7th amendment. Even the conservatives know that isn't right. Even the conservatives know that we all have fundamental constitutional rights and the big government tort reform simply encroaches on those rights.
Tort reform gives bad actors an escape hatch – an out. What message does that send to the public? That you can hurt someone and not be held accountable?
The Legal Examiner and our Affiliate Network strive to be the place you look to for news, context, and more, wherever your life intersects with the law.