Friday, February 18, 2005

Tort Reform

The tort attorneys got a mild setback today by our elected officials. Chalk this small win up to George Bush and the Republicans. Had Kerry-Dean ticket been elected, this rape of businesses would have continued because the Democrat ticket was beholden to this group of vultures. I’m not going to elaborate on this sorry situation but I hope the asbestos vultures are next to get their comeuppance. My parents and we nine kids lived in a house built in 1925, in which all the water pipes where wrapped in exposed asbestos that flaked off and would be swept from the floor in the basement. My entire family outlived the average human life span, without suffering any effects of asbestos and at no time would any of us tried to blame the makers and sellers of this product.

I firmly believe that most of these asbestos lawsuits were initiated by the tort attorneys to pad their own pockets with little regard as to whether any one suffered by inhaling asbestos. Of course, some did suffer and some died early but they were the ones who were exposed to asbestos fibers five days a week. They are deserving of compensation but not all those others who were encouraged by the torts to join in class action lawsuits where the major dollars went in the vulture’s pockets.

The tobacco lawsuits were mainly tort driven and the major recipients of the huge monetary windfall were not the so called victims but the attorneys and the states. The addicted smoker was left paying a higher cost for his or her smokes. Expect tobacco costs to go higher to offset the massive settlements assessed the makers and to help offset the states massive deficit budgets. Part of the settlements made between the manufactures and the states was an agreement to not let any new discount tobacco companies come in to sell a cheaper product. What a rip-off!! These settlements made between the states and tobacco companies go down as one off the greatest legal frauds of all times. The addicted and in many cases poor people are left to help the manufactures pay the settlements.

Back in the early 1930’s our grade school teacher taught us how smoking deteriorated the lungs but most of the kids felt invincible and went right on smoking. Those smokers I grew up with are mostly all gone by now. Some of them may have joined in class action lawsuits even though they were taught the consequences of their actions but became smokers anyway.

Let’s hope over the next four years more common sense in litigation emerges from the decisions made last November. Let’s also hope that people start taking better care of their health. The media talks about the consequences of abusing ones health but many people ignore the warnings or think they are invincible. Boy, will they find out the price they will pay as they get older!!

Most tort attorneys win settlements of their cases without a trial because the companies being sued can’t afford a wrong decisions made by ignorant judges and the massive penalties assessed by some juries and/or judges. Many of these lawsuits are nuisance or frivolous and laws should be passed making the attorney and client liable for all court costs.

Today’s signing of this tort reform bill is a small step forward with a long way to go before the legal systems we now operate under, are considered democratic and fair.

4 comments:

Stormin' Norman said...
This comment has been removed by a blog administrator.
Stormin' Norman said...

Check out overlawyered.com for some amusing tort stories. This country still has a long way to go in reforming the system (loser pays, med malpractice award caps, etc.). However, if you're a lawyer/politician in control and can write the rules to your own benefit, why bother?

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