In Defense of Tort Law

By Michael L. Rustad

Book Overview

Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald's when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely.
In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why?
Koenig and Rustad's detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.

• Format: Hardcover
• Language: English
• ISBN: 0814747574
• ISBN13: 9780814747575
• Release Date: January 2002
• Publisher: New York University Press
• Length: 345 Pages
• Weight: 1.45 lbs.
• Dimensions: 1.1" x 6.4" x 8.9"

Customer Reviews

In Defense of Tort Law

The media recently has created the impression that trial litigators often are vultures searching for frivolous complaints from which to extract millions in fees. Corporations seeking to avoid the consequences of policies which make seriously harm the consumer, the employee or the environment join with Republican politicians to reinforce this image. In Defense of Tort Law, Koenig and Rustad superbly demonstrate the reality and the legitimacy of many of the grievances that lead to suits against corporations. However these grievances are seldom adequately addressed because few middle class or working class individuals have the resources to confront multi-billion dollar corporations in long complicated expensive legal battles. The authors do an outstanding job of demonstrating that if punitive damages were eliminated, it would mean the end one of the few mechanism protecting the victims of corporate excess and the power of the corporation would be almost unlimited.

In Defense of Tort Law

The media recently has created the impression that trial litigators often are vultures searching for frivolous complaints from which to extract millions in fees. Corporations seeking to avoid the consequences of policies which may seriously harm the consumer, the employee or the environment join with Republican politicians to reinforce this image. In Defense of Tort Law, Koenig and Rustad superbly demonstrate the reality and the legitimacy of many of the grievances that lead to suits against corporations. However these grievances are seldom adequately addressed because few middle class or working class individuals have the resources to confront multi-billion dollar corporations in long complicated expensive legal battles. The authors do an outstanding job of demonstrating that if punitive damages were eliminated, it would mean the end one of the few mechanism protecting the victims of corporate excess and the power of the corporation would be almost unlimited.