Wednesday, December 15, 2010

Tort Reform: liberal or conservative??

Is tort reform liberal or conservative??

As a conservative tort lawyer I am always accused of being liberal by
conservatives and vice versa. Liberals think I'm conservative due to my
social stances as a christian. They are right. But what about conservatives
who call me liberal? Well they are not right. Why? Because tort reform is
not truly a conservative issue.

Tort reform takes power away from the individual and gives it to the
government. That is clearly not conservative. Empowerment of the
individual and allowing market forces to shape policy argues strongly
against tort reform.

Tort reform hurts people who did nothing wrong. While conservatives might
be criticized for being pro life we also tend to be for capital punishment.
It is the taking of innocent lives that we object to. On what grounds is
that consistent with further punishing a victim??

Not only does tort reform hurt those who already got hurt, it actually
protects the hurter. Assume a doctor who is rushed as cuts off the wrong
That happened not long ago. Who should say what that is worth? Is it
worth more if it is an 8 year old?

jurors who see the evidence, are in a much better position to decide an
individual case than buerocrats in government.

I think that the court system allows the davids of the world to take on the
One reason airlines, cars and hospitals are generally safer is due to your
access to court

More specifically it is the potential unlimited award that protects you.

Never get Fooled into thinking that tort reforms protects
Anyone other than those who hurt you.

David B. Peel