Policy Documents

Tort Law Tally: How State Tort Reform Affect Tort Losses and Tort Insurance Premiums

Nicole V. Crain, W. Mark Crain, Lawrence J. McQuillan, and Hovannes Abramyan –
April 1, 2009

America is a litigious society. Of that there is no doubt. But even among those who lament the litigious condition—and as readers of this study will learn, not everybody does—seldom do people ask the obvious follow-up questions: What does it mean, exactly, that America is a litigious society? What are the costs? Which states are the best, and worst, in terms of tort costs and tort reform? Fortunately, Dr. Lawrence J. McQuillan, director of Business and Economic Studies at the Pacific Research Institute (PRI), has been asking these questions for some time, and answering them as well.

His Jackpot Justice measured the true cost of America’s tort-liability system. His U.S. Tort Liability Index has ranked the 50 states according to their tort costs, litigation risks, and tort reforms since 2006. That influential work, in turn, has prompted reforms, and gives rise to other questions, notably: Which tort reforms work and what are the cost savings from various reforms? As in other areas of public policy, not all reforms and rules have the same value. This study, Tort Law Tally, is grounded in the same rigorous analysis as all PRI studies for nearly 30 years. It sets out to measure which tort reforms work and the amount of their effects. The result is a study that will provide policy makers and grassroots advocates with solid, datadriven evidence as to which tort reforms make the biggest difference.