Essay on "Tort Reform"

Essay 3 pages (1021 words) Sources: 5 Style: APA

[EXCERPT] . . . .

Tort reform critics, would contend that the prospect of unpredictably large damage awards would act as an incentive to reduce the company's reckless behavior.

However, let us digress a bit. The facts of the Pinto case are clear. Even during the 1970s and 1980s when there were no practical limits on tort awards, Ford still went forward with the decision anyway. While it may seem to be an exercise in counterfactual history, one must confront this reality and ask a deeper question that shakes the tort system on all sides to its foundation. Would the accountants and Ford executives have thought twice had they known that an involuntary manslaughter charge with long prison sentences would be hanging over their heads? Such an approach which is generally not discussed may be one that would prevent such cases from happening in the first place.

Due to the impasse in the issue, let us take a look at an innovative solution that may provide a middle path out of the impasse. Some legal scholars have proposed replacing tort compensation with a social security type of framework that serves all victims without respect to who is the cause or the fault. New Zealand introduced the first ever universal no-fault insurance plan for all victims of accidents, a law which is currently on the books there. Benefits are provided from a government run Accident Compensation Corporation no matter who was the negligent party. Its goal is to achieve equality of compensation, while simultaneously reducing the costs of litigation (Dukes, Mildred & Swartz, 1998, 511).

The system has been dogged with controversy however. In the 1970s, both Australia and the United Kingdom both drew up proposals for similar no-fault compensation programs. However, these were both eliminated in both instances in the wake of the British Pearson Commission Report which found that the scheme only produced minimal victim compensation awards (Lunney & Oliphant, 2008, 923). It is the contention of this author that the insurance scheme might work if it was combined with vigorous prosecution of criminal neglect such as was exhibited by Ford Motor Company in the classic Pinto case.

Conclusion

Considering the current impasse, it might be valuable to study and test implement a system in a state with such a no-fault compensation system as the one above coordinated with legal reform that would make sure that criminal neglect is severely prosecuted. Then hopefully, no other tragedies such as that which happened in the Ford Pinto case will ever happen again.

Works Cited

Dukes, G., Mildred, M., & Swartz, B. (1998). Responsibility for drug-induced inquiry: a reference book for health professionals and manufacturers . Amsterdam, NE: IOS Press.

Examining the work of state courts, 2003. (2011). Retrieved from http://www.ncsconline.org/D_Research/csp/2003_Files/2003_Main_Page.html.

Facts about tort liability and its impact on consumers. (2007). Retrieved from http://www.atra.org/wrap/files.cgi/7963_howtortreform.html.

Koenig, T.H., & Rustad, M.L. (2001). In defense of tort law. New York, NY: New York Univ. Press.

Lunney, M., & Oliphant, K. (2008). Oxford tort law text and materials. (3rd ed. ed.). New York, NY: Oxford Univ. Press. READ MORE

How to Reference "Tort Reform" Essay in a Bibliography

Related Essays:

Firestone Tire Case Study

Tort Reform Firestone

Based on your reading of the case, what type of tort reform do you think should be done?

Tort reform in this particular case should be inclusive… read more

Case Study 3 pages (937 words) Sources: 1+ Topic: Law / Legal / Jurisprudence

---

Law of Torts Assessment

Reform of Tort Laws in Australia

Efforts have been underway in recent years to reform the tort laws in Australia in order to ensure that legal mechanisms are in place… read more

Assessment 2 pages (697 words) Sources: 15 Topic: Law / Legal / Jurisprudence

---

Torts Tort Is a Wrongful Act Term Paper

Torts tort is "a wrongful act other than a breach of contract that injures another and for which the law imposes civil liability: a violation of a duty (as to… read more

Term Paper 5 pages (1838 words) Sources: 1+ Topic: Law / Legal / Jurisprudence

---

Australian Law on Torts and Defamation Assessment

Australian Law on Torts and Defamation

Tort Law in Australia

Tort law has assumed increasing relevance and importance in recent years in Australia and the country has gained the reputation… read more

Assessment 17 pages (5206 words) Sources: 15 Topic: Law / Legal / Jurisprudence

---

Health Care Reform Recommendations to the President Research Proposal

Health Care Reform

Recommendations to the President on Health Care Reform

The United States health care system is in a shambles. While the wealthy have access to the best health… read more

Research Proposal 5 pages (1761 words) Sources: 5 Style: MLA Topic: Healthcare / Health / Obamacare

---

View 100+ more related papers  >>