Following an earlier post on last week’s Chronicle article on the impact that tort reform is having on Harris County jurors, Professor Richard Alderman, who holds the Dwight Olds Chair in Law at the University of Houston Law Center, writes this op-ed in which he criticizes the effect of tort reform propaganda on the civil justice system. Professor Alderman notes the following in a part of his op-ed:
The United States does not regulate the marketplace by legislation. We regulate through the civil justice system. Private attorneys represent private citizens injured as the result of negligent, incompetent, careless or even willful conduct. Professionals maintain high standards, corporations follow the law, manufacturers develop safe products, landlords maintain security systems, and newspapers and television stations check and double check stories because of lawsuits. Our civil justice system is often the only recourse you have when you lose your money, your health or even your life. And an essential part of that system is the damages the Legislature and courts have determined may be recovered by an injured individual. Just as jurors must make the hard decision to imprison or even sentence a criminal to death, civil jurors have a duty to follow the law and award damages authorized by the Legislature.
It’s good to see that someone in academic law is looking out for that most endangered species, the undercompensated plaintiff in a civil trial…
Who worries about the plaintiff’s whose damages aren’t large enough to be redressed through the grossly inefficient machinery of the civil legal system?