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I understand the need by statists to run to government at the first sign of trouble but let's look at this scenario where the driver hits me on the sidewalk and my roofing career is over.
So he isn't a member of my dispute resolution organization? Fine. Even if he was and refused to "make me whole" the following is how I see it playing out ...
All I can do is strongly encourage my voluntary dispute resolution organization to put as much external pressure on this individual to make their life as hard as possible. How?
Simple. Within my voluntary dispute resolution organization let's say we have a doctor, a plumber, a roofer (me), a mechanic, and a barber. Just to name a few members. In our agreement we have a tenet that deals with situations like this. If a person, at fault in an accident such as this, does not want to make me whole the other members of the organization shun him and make his life miserable.
Without a mechanic his car is going to go downhill. A pipe freezes and bursts? He's on his own cuz my fellow member, the plumber, won't help him. Flu season? Good luck finding a doctor willing to help. And if the barber was the guy this outsider hit and refused to make whole? The roofer, me, isn't answering the phone when this outsider gets a hole in his roof.
What if the harm was done by somebody visiting from a distance geographical location completely separated from the members of your voluntary dispute resolution organization? What if the guy who hit you and caused the loss of your leg and your livelihood was visiting from 1000 miles away?
What if the harm was done by somebody visiting from a distance geographical location completely separated from the members of your voluntary dispute resolution organization? What if the guy who hit you and caused the loss of your leg and your livelihood was visiting from 1000 miles away?
Ah, the beauty of technology. We already have Craigslist, Angie's List, etc.
In leftist libertarian land reputation is everything.
It's this simple:
FreeD market regulation is a much more practical and superior check on companies/people instead of government regulation because companies/people have to take precautions/take actions to protect their reputation. The rest of us can observe and also have the ability to opt out with our money or shun the individual. This paradigm does not exist with the government. There is NO pressure on the government because you surrendered your will, power, money, resources by...well...being born.
I would prefer we not cap damages, but limit punitive damages given to the victims. Perhaps cap punitive to victim at 2x actual, with any awards over and above going towards fighting whatever the wrong was. If toxic, for example, all $ above 2x go to the EPA or other orgs of that nature.
That maintains the fear corps have of crossing lines, while not unduly rewarding the plantiff.
Yes, I believe most tort reform is in regards to punitive damages.
I also feel that the bulk punitive damages should go to address the problem and also not be part of the lawyer's fee. So if $10 million in punitive damages goes to address the "problem" or to a program, the lawyers shouldn't get a percentage or fee from that $10 million.
In Texas people keep going on and on about how our tort reform "steels" money from victims and keeps them from receiving much in damages, which is complete and total nonsense/ignorance.
Try a look at the Mo Right to farm bill that just got passed. Opens the door to giant hog farms etc and guess what will happen to the little guy or those locals in the way?
Thanks for the thread and info dreamofmonterey-some useful idiots on here will defend nationless corporations no matter how much damage is inflicted on society at large.
Lets rig the system so that CERTAIN people can cause all the damage and harm through neglect that they want without fully being liable. Yeah, sounds great. Let's call it "tort reform" because you know Republican tools will eat it up. Just tell them that all law suits are frivolous.
Lawyers good!
Corporations bad!
How about you just don't buy that crap for your kid...you know, like an intelligent functioning adult.
What is the libertarian take on tort law? Do they want it done away with completely?
Thanks for posting. They want it done away with until their infant dies of lead poisoning from china=mart toys made n Wal-Mart. Lead is toxic. And Chinese manufacturing allows it. So then can we deduce libertarians do give a tinkers dam* about their own children?????????????????
or is the answer more agenda pushing, and cynical
Limits on tort reform is for the 1% only. And I speak from experience as I TRULY speak for a best friend in Stage4 cancer. Corps. and their toxic coal slurry need to be sued. To the max.
Thanks for posting. They want it done away with until their infant dies of lead poisoning from china=mart toys made n Wal-Mart. Lead is toxic. And Chinese manufacturing allows it. So then can we deduce libertarians do give a tinkers dam* about their own children?????????????????
or is the answer more agenda pushing, and cynical
Limits on tort reform is for the 1% only. And I speak from experience as I TRULY speak for a best friend in Stage4 cancer. Corps. and their toxic coal slurry need to be sued. To the max.
Plenty still suffering from Chinese drywall issues also.
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reputation is everything. 
