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Tort Reform has been made a phoney political issue with all types of alleged complexities. Really, the issue is quite simple. Who pays for the victim's loss- the victim or the wrongdoer?

I believe the "those who break must pay." We should not blame the victim and permit the wrongdoer to get off free. That is like saying, in a criminal context, we should put the raped woman in jail rather than the rapist.

Taking away the victim's right to fully recover from the wrongdoer means the wrongdoer can keep attacking more victims with impunity. Even though money can never replace many injuries, it is the only standard we have to balance the parties.

What is a Tort? A tort is a civil wrong, whether intentionally, by mistake, or by accident where one party wrongfully injures another. An example of a tort is where a motorist drives through a red light and hits into a child crossing the street, breaking her leg. This is compared to a contract issue where one person agrees to pay the other person $100 for plumbing work, the work is performed, and the person refuses to pay. Our society, as a means of avoiding violence and vigilantism, has established a justice system where the victims of both tort wrongs and contract wrongs can legally recover. See the Cornell Legal Information Institute for more information about tort law

What is so-called "Tort Reform"? The tort reform movement is a political action to change the current system shifting the burden of the wrongdoer's actions to the victim. In other words, it is another attempt at blame the victim and allowing the wrongdoer to avoid individual responsibility. See further links to Reform Disinformation and Detailed Explanations

 

 

 


 
 
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