a tort is a wrongful act, damage or injury, which willingly done negligently, or in situations where strict liability. However, a tort is not a contract in which a civil action might be initiated. Before Recently, we have seen, supporters of the judiciary in this country try to connect for torts litigation with a number of things such as medical specialists from pushing the economy up to the closure of public parks.
Most fans agree that the current tort system in this country is a major burden on the economy. This issue is so serious that even President Bush is pushing for tort law change in our economic growth would be improved, notably through the creation of new jobs. While tort litigation is not over, and it is valuable, in some cases, the existing law is forcing third-party insurance to outrageous levels in many areas.
For example, because of the high cost of tort litigation, we see wages fall, profits of the company is heavily affected, with declining productivity, and research and development is discouraged. The essence is that the rising cost of torts has a dynamic impact on our society. Many argue that a change in the current tort system, we would have a chance to stimulate the economy, while others feel a new tort system actually have the opposite effect in discouraging the development of new jobs.
Let us look at how the current tort plays. A mother and child decide on a sunny afternoon at the local community pool. While the child jumps from the side of the pool in the water, the mother is to go inside for something to drink. During this time, the lifeguard service operates in a different area of the pool. The child jumps into the shallow end, hits his head on the floor of the pool, and is paralyzed. Although the mother can not win, a process in court, their entitlement to the negligence of the lifeguards would consume attorney's fees in his / her defense.
Well, the current tort law with every aspect of our society, and you can see how important is the problem. For example, the woman who spilled hot coffee in the knees after the purchase of McDonald's was actually awarded money. Your claim in the complaint was that the coffee was too hot and no warning was not that they blame for spilling it. We see so many cases in which the current tort law impacts on the economy of this society.
Note that the tort system advantages. For example, unsafe products, unfair practices, respectful resolution, all good things. However, given the current tort law and weigh pros and cons, some serious problems come to light. Changing this law is something will be examined to determine whether in fact a new tort system, while the economy remains necessary protection in case of wrongful act, damage or injury.
Richard A. Hall is founder and president / CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience that enabled him to meld technology and sophisticated statistical analysis, a technology driven analytical model of the practice of law. As the process employed civilian lawyer, he was responsible for designing and implementing a LAN-based process database and fully automated document production for a medium-sized enterprises civil. He developed a task billing model based on extensive statistical analysis of hundreds of litigated civil matters. In 1994, Mr. Hall invented linguistic modeling software which automatically reads, applies budget codes, budget codes and analyzes legal bill content. He also served as California Director and lecturer for a nationwide bar review. Mr. Hall continues to practice law and perform pro bono services for several Northern California judicial districts.
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