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Tort reform lags
Business and Economics Op-Ed
By: Lawrence J. McQuillan, Ph.D
6.8.2006
Miami Herald, June 8, 2006
Letter to the Editor
In his June 5 Business piece," Tort reform must prove
itself to the people," Charles Hartz says that tort
reformers have achieved ''significant victories'' in
Florida. Yes, there have been a few, but the Sunshine
State shouldn't rest on its laurels. Florida ranked a
dismal 42nd in our just-released study, the _U.S. Tort
Liability Index_, which compares the tort systems of the
50 states.
Over-the-top lawsuits pose a huge risk to anyone doing
business in Florida. This is highlighted by the fact that
Florida ranked dead last in relative monetary tort
losses. Why? Florida is not competitive with reforms
adopted by other states in class actions, venue, jury
service, attorney fees in nonmedical-malpractice cases
and noneconomic damage caps in nonmedical-malpractice
cases.
Our report identified Florida as a ''sinner,'' one of the
states poised to fall even further in future rankings
because of its high losses and few comprehensive reforms
compared to other states, especially Texas. This is not
merely a theoretical problem. The U.S. tort system costs
$260 billion a year -- averaging $886 for every American.
Because Florida ranks well below average, Floridians
shoulder an even heavier burden.
LAWRENCE J. MCQUILLAN
Director, Business and Economic Studies
Pacific Research Institute
Sacramento, Calif.
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