Accidental Justice: The Dilemmas of Tort LawA woman suffers paralyzing injuries in a car accident but fails in court to prove the other driver's fault. She loses her case and is left bankrupt as well as maimed. An intoxicated man stumbles in the path of a subway train. He sues the local transit authority and wins a $9 million judgment. Real-life tort (or accident) cases like these inspire outrage against a system that seems frustratingly slow, inequitable, and expensive. In this even-handed and fascinating book, two leading tort experts explain to lay readers the strengths and weaknesses of our tort law system. Peter Bell and Jeffrey O'Connell demystify tort law and bring to life the process of tort litigation. The roots of tort law lie in human suffering, maimed bodies, shattered spirits, and extinguished lives, say the authors. They discuss tort law's compensatory and deterrent functions; its delays, fortuity, and high transaction costs (mostly in lawyer's fees); and its role in discouraging harmful--as well as, on occasion, useful--activities. In a discussion of mass toxic tort cases, the authors investigate the ability of the courts to deal adequately with huge suits (related to breast implants or tobacco-related illnesses, for example) that involve massive numbers of claimants. Bell and O'Connell conclude with an objective review of such current reform enactments and proposals as no-fault insurance, caps on damages, and contingency fee reform. |
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Accidental Justice: The Dilemmas of Tort Law Peter A. Bell,Jeffrey P. O'Connell No preview available - 1997 |
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accident victims accidental injuries actors American American Law Institute amount arguably argue auto automobile awards benefits caused claimants clients contingency fee corrective justice courts critics damages decide decision defendant defendant's deterrent deterrent theory dollar driver economic Elissa example expenses fault groups health insurance Howard and Nicole Howard Young incentive individual injured persons injury victims Institute involved Judge Small jury justice lawyers legislative less liability insurance loss MCOs medical malpractice negligent no-fault plans no-fault systems P. J. Cowcroft pain and suffering particular payment pensation percent personal injury plaintiffs potential products liability proposals reduce responsibility result risk safer safety settlement society strict liability Study subway supra note tion tort claims tort law tort law's adherents tort lawsuits tort liability tort litigation tort reform tort rules tort sanctions tort suit tort system toxic tort transaction costs Transit Authority trial unsafe behavior verdict workers wrongdoer