The Necessity Of Reforming Personal Injury Tort Article

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The Necessity of Reforming Personal Injury Tort

Author: Melvin Magadia

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The issue of reforming the civil law system, particularly personal injury torts, has been the subject of heated debates over the years. On one side are the advocates of the tort reform movement and on the other side are the people advocating for a status quo.

In legal parlance, a tort refers to “a negligent or intentional civil wrong not arising out of a contract or statute." It was derived from the French word "avoir tort," which literally means, "to have wronged."

A tort gives reference to illegal acts that can result to bodily harm, character, or property. Commonly, a violation of the tort law may lead to personal injury. The main purpose of a tort case is to seek compensation or remedy in order to provide coverage for any loss or injury that the victim may have sustained due to the negligence of another person.

To initiate reforms in the tort law, proponents are pushing for amendments in the following issues:

• the product liability law
• removal of the provision on solitary liability
• to restrict medical malpractice liabilities as well as punitive and non-economic damages

From the objective point of view, the arguments being raised by reform proponents as well as the ends they aim to accomplish seem to be logical and appropriate. However, the means may not be as appealing to many since it is like another illegal method of treating an illness.

If the proposed changes and its proponents were to be accepted, it would seem that they are on the side of the offending party. It is like taking away any advantage from the injured party, which makes it an uneven playing field.

If the reform’s goal is to put an end to frivolous cases, then the best way to reduce such cases is to initiate reforms in the judiciary. However, reforming the tort law will adversely affect the claims of the victims.

The tort law was established for several reasons. Among them:

• It aids in the implementation of defective and risky products in the market.

• It serves as a protection for the victim and equalizes things since a hapless victim can target the big companies who had been careless in ensuring the safety of their product.

• It assures a level playing field even for the disabled.

Overall, it will all go down to conflict of interest. The question at hand in this issue is who will benefit from the proposed changes in the tort law. Which side will be favored once the reforms being proposed are implemented?

The answer to all these questions can be found from the proposals themselves. Any moves to amend the current tort law will violate the basic legal principle that the law was established for the benefit of those who have less in life.

Any proposals to change all or any provision of the current law must first be evaluated. If it will disadvantage any party, then establishing the status quo will be the best option.

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The Necessity of Reforming Personal Injury Tort