“Tort reform” is a phrase used for the process of limiting
the ability of injured persons to fairly recover for their injuries, even
when their injuries are caused by someone else.
One popular technique of persons championing tort reform is to use social
medial to spread tales of what they consider outrageous verdicts by out
of control juries. Often citing the case of Stella Liebeck, of Albuquerque,
NM, who after purchasing coffee at the drive through of McDonalds, placed
the coffee between her legs and opened the lid to add cream and sugar,
spilling the extraordinarily hot coffee on herself. She sued McDonalds
and was awarded nearly $3 million.
Tort reformers will argue that the coffee is hot, and what would be expected
when you buy coffee spilling the coffee is a risk one takes when buying
it, there are several facts about this case that the tort reformer will
not bring up on their own. For example, the McDonalds coffee was kept
at approximately 185 degrees, while most coffee in the home is served
at 135 – 140 degrees. Additionally, one of the witnesses for McDonalds
testified that McDonalds was aware that a burn hazard exists for food
above 140 degrees, and admitted that the coffee, at the temperature at
which it was served, was unfit for human consumption because it would
cause burns of the mouth and throat.
Moreover, 10 years of McDonalds’ records revealed that over 700 people
had made claims against McDonalds because of burns sustained from McDonalds’
coffee, showing that McDonalds was aware of a burn hazard with its coffee.
In addition to ignoring relevant facts about these cases, the tort reformer
seems to gloss over the fact that verdicts such as those in Ms. Liebeck’s
case were returned by juries. That is, a jury listened to the evidence,
and decided that the defendant was at fault, and determined the damages
award. It is not as if the plaintiff just demands a sum of money, and
by law the defendant has to pay the plaintiff.
Tort reformers will also argue that these verdicts lead to higher consumer
prices, and can make it difficult to market products due to cost. In response,
I say this: Consider the fact that some states have limits on a damages
award for medical malpractice, and some states do not. For example, in
Nebraska, there is a $1.75 million limit on such damages, and in neighboring
Iowa, there is no such limit. Despite no limit on malpractice damages
in Iowa, there are still plenty of doctors in Iowa. Paying a judgment
is a cost of doing business, and the market will adjust to such pressures.
Tort reform, typically championed by those who also champion as little
government influence on the economy as possible, is nothing more than
the government placing an artificial influence on the free market, to
the detriment of the consumer who has no warning of the hidden dangers
of a product they are using.
Generally speaking, our judicial system has one way to compensate injured
persons, which is the payment of money. That money can pay for medical
care, remodeling of a home to make it wheelchair accessible, or pay for
round the clock medical care as necessary. All of those services can be
quite expensive, so maximizing your recovery as an injured person is what
we try to do for you here at the Berry Law Firm.