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The Economics of U.S. Tort Liability: A Primer |
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October 2003 |
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Many controversies and policy issues surround the
U.S. tort system, which holds parties liable for injuries to people or
property. Critics charge that the system is costly and inefficient, arbitrary
and open to abuse, and indirectly harmful through its adverse effects on
economic vitality and consumers' choices. In contrast, defenders argue
that the tort system serves important social objectives, such as compensating
injury victims, improving product safety, and punishing egregious behavior.
Several bills now before the Congress propose to change the rules that
govern tort claims for medical malpractice and asbestos exposure and claims
litigated as class actions.
This Congressional Budget Office (CBO) study--prepared at the request
of the Senate Budget Committee--attempts to clarify the issues and policy
options surrounding the tort system by presenting an economic perspective
on tort liability. The study outlines the strengths and weaknesses of tort
liability as a tool for promoting economic efficiency and fairness, discusses
the available data on the benefits and costs of the tort system, and analyzes
in qualitative terms the likely effects of various policy options for altering
the system. In keeping with CBO's mandate to provide objective, impartial
analysis, this study makes no recommendations.
Perry Beider and Cary Elliott of CBO's Microeconomic and Financial Studies
Division wrote the study, under the supervision of David Moore and Roger
Hitchner. The authors received valuable comments and assistance from Heywood
Fleisig, Stuart Hagen, and Robert Murphy of CBO, as well as from Jeff O'Hara,
formerly of CBO; Christopher DeMuth of the American Enterprise Institute;
Paul Rubin of Emory University; Alan Sykes of the University of Chicago;
and Paula Hannaford-Agor and Neil LaFountain of the National Center for
State Courts.
Christian Spoor edited the study, and Christine Bogusz proofread it.
Maureen Costantino took the cover photograph and designed the cover. Lenny
Skutnik printed the initial copies of the report, and Annette Kalicki prepared
the electronic versions for CBO's Web site.
Douglas Holtz-Eakin
Director
October 2003
Tables |
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1. |
Characteristics of Tort Cases Decided by Trial in State and Federal
Courts, 1996 |
2. |
Summary of Major Tort Liability Standards |
3. |
The Primary Effects of Some Broad Options for Tort Reform |
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