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Principles of Risk Management and Insurance, 13th Edition by Michael McNamara, George E. Rejda

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Current Tort Liability Problems

The tort liability system has numerous problems at the present time. It is beyond the scope of the text to discuss all tort problems in detail. However, three timely problem areas merit a brief discussion:

  • Defective tort liability system

  • Medical sector claims

  • Liability arising from technological and societal change

Defective Tort Liability System

Critics maintain that the present tort system has numerous defects that reduce its effectiveness in compensating injured victims. Major defects include the following:

  • Rising tort liability costs

  • Inefficiency in compensating injured victims

  • Uncertainty of legal outcomes

  • High jury awards

  • Long delays in settling lawsuits

Rising Tort Liability Costs

Critics claim that the tort ...

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