"Tort Reform" The Real Agenda

For many years, powerful corporations have spent billions of dollars selling the public a distorted view of the American legal system. This propaganda campaign promotes what these corporations have mislabeled as “tort reform,” the chief aim of which is to limit corporate liability and prevent citizen lawsuits that would hold these corporations accountable for their conduct in killing and maiming thousands of people every year.




The United States Government Accounting Office, an agency of the United States Congress, found that “general damage awards were not erratic or excessive” and that “the size of compensatory awards is strongly associated with injury severity and the amount of the underlying economic loss.” Product Liability -- Verdicts and Case Resolution in Five States , Report GAO/HRD-89-99, September 1989.

The Bureau of Justice Statistics of the U.S. Department of Justice found that between 1992 and 2001, there was a 47% decline in the number of civil trials and that the median jury award had declined from $65,000 to $37,000. The Bureau also found that only 6% of plaintiffs received an award of punitive damages, and that the median punitive damage award was $50,000. Civil Trial Cases and Verdicts in Large Counties, 2001, Bureau of Justice Statistics Bulletin, April 2004.

TheCommonweal Institute found that “tort reform” is really “designed to limit corporate liability, prevent civil lawsuits against corporations, and restrict citizens’ ability to pursue recourse in the courts.” The Attack on Trial Lawyers and Tort Law , a Commonweal Institute Report, October 1, 2003.

The Center for Justice and Democracy found that both jury verdicts and lawsuit filings have declined, refuting the contention that there is a litigation “crisis,” and found further that the insurance industry has been enjoying record profits. Where's the Crisis With an Out-of-Control Insurance Industry, That's Where, Mythbuster Report.

The Center for Justice and Democracy also found that a March 2004 survey released by the U.S. Chamber of Commerce was unfairly skewed to support its promotion of “tort reform.” Devil in the Details -- Facts About the U.S. Chamber Ranking of State Liability Systems, Mythbuster Report.