State of Califonia Tort Liability Index

State Tort Liability Index Rankings

Regular readers of this newsletter know that we like to look at how the State of California ranks against other states on matters of public policy. A recent study by the Pacific Research Institute assesses the condition of each state’s tort liability system relative to other states. The study uses a dynamic model of elements of each state’s tort system to come up with a ranking in relation to other states. In other words, it assesses the positive and negative aspects of each state’s laws and outcomes of court cases instead of relying on individual opinions.

The report, U.S. Tort Liability Index: 2006 measures which states have relatively high tort costs and which states have enacted more reforms to better position themselves for future economic prosperity.

According to this study, California ranks 35th out of 50 states We score the highest (meaning the worst) in the study’s monetary caps category. This means that we have very few caps on monetary awards. We score the best on the study’s monetary tort losses category, which measure the amount of loss that defendants experience in tort cases. States that do best on the overall scale are Texas and Colorado (where recent tort reforms have been adopted) and the worst are Rhode Island and Vermont (states that have few legal limits on tort cases).

The reason we need to examine where California lies in relation to other states is because it makes a difference on whether businesses open a new location, hire more people, or invest in new plants.

As stated by former Michigan Governor John Engler, who is now President of the National Association of Manufacturers, “the health of a state’s civil justice system is a key indicator of its economic vitality and potential for future growth. A fair, stable, and predictable legal environment is critical to a state’s ability to attract investment, draw new businesses, and generate new jobs.” I couldn’t agree more.

To view the Institute’s study you can go to:
http://www.pacificresearch.org