Get Involved in Tort Reform

by William H. "Hank" Howe

The author, a partner with the Washington D.C. law firm of Howe, Anderson & Steyer, P.C., has been retained by XL Design Professionals to provide representation in the nation's capitol with regard to tort reform.

Our legal system continues to be abusive. Tort cases are too often viewed by plaintiffs and their lawyers as lotteries in which they can win large judgments for claims that have little or no merit. Because businesses and insurers are seen as "deep pockets," they are often compelled to settle cases rather than risk jury awards.

For those who are concerned with what is happening in our civil justice system, tort reform is an effort to use the legislative process to enact laws that prevent lawsuit abuse. It is an effort to restore balance to the system.

Tort reform efforts are being made at both the federal and state levels. In reality, however, it is at the state level where tort reform has had, and is likely to continue to have, greatest effect. The past few years saw the successful passage of important legislation in a number of states:

• Capping punitive damages
• Eliminating joint and several liability
• Requiring the use of certificates of merit
• Limiting non-economic damages
• Shortening statutes of repose and limitation
• Raising standards for expert witnesses
• Imposing sanctions for frivolous lawsuits
• Mandating the use of alternative dispute resolution (ADR)
• Enacting Good Samaritan statutes

Reinstating the doctrines of comparative negligence and assumption of risk.
Tort reform is not a one-time effort. It is likely to proceed in increments depending on what is politically feasible. It may involve enactment of a single law, or it may consist of sweeping reforms through a bundle of proposals.

XL Design Professionals support state and federal tort reform efforts. It would rather spend its resources providing services to its clients than defending and settling frivolous lawsuits. XL Design Professionals believe that tort reform will lead to lower insurance premiums, making professional liability more affordable. Tort reform will also create a healthier design and construction industry by improving the climate in which design professionals and environmental consultants do business.

XL Design Professionals work closely with national professional associations on tort reform issues and is a member and supporter of ATRA -- the American Tort Reform Association. Among other things, ATRA coordinates and supports the activities of state tort reform coalitions, and serves as a clearinghouse for information on federal and state legislation. ATRA regularly publishes information on legislation of interest to the tort reform community.

Tort reform cannot be left to someone else. Everyone who is a victim or potential victim of lawsuit abuse needs to get involved. The success of tort reform depends on widespread efforts by the business community, trade associations and citizen groups. We encourage you to take an active role in supporting tort reform activities in your state, through your professional associations or through groups such as ATRA. You can reach ATRA at (202) 682-1163.