Are we too litigious-we are starting our study of torts


Q1. Are We Too Litigious?

We are starting our study of Torts. These are not pastries! They are "civil wrongs," for which the legal society believes payment or punishment (monetary) ought to occur. I'm sure you all are aware of some egregiously bad lawsuits that have been filed by people against other people, businesses, or a governmental body. You may discuss these as part of your posts.

However, the question is: Although it is widely believed that people are more "litigious" (e.g. "sue happy") than they ever have been in the past, do you believe this is true? Why or why not? What evidence is there that your opinion is correct?

Q2. Too Much Business Regulation?

How are your businesses regulated? Too much?

When the topic of regulation of industries and businesses comes up, many private companies feel resentful of "Big Brother" (relating to George Orwell's Book 1984) looking over their shoulder, or telling them how to run their business.
I'm sure that your industry/business is regulated from several levels, both state and federal. Do you feel that such regulation is warranted, or do you think government ought to step back, and let the companies/industries regulate themselves by the laws of economics and ethical consequences? (I am aware that this question is too divisive, and that some issues and topics are more importantly regulated than others. But refer to your business, and explain your opinions, realizing we want to debate and discuss these issues.) Where do you feel the government is too intrusive?

Q3.Product Liability - Who Should bear burden?

Manufacturer vs. Consumer - who bears burden?

At the end of my mini-lecture on Torts, I explain a continuum of change in the law regarding product liability. Notice that if it were up to manufacturers, consumers would be responsible for the safety of any products they buy, and would have to bear the burden of inspecting and using them properly (pure "caveat emptor" - let the buyer beware). At the other end, consumers would like manufacturers (and dealers) of products to be responsible for any damages or injuries caused by those products at any point after purchase and for anyone using or affected by the product ("absolute liability").

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