Watching television for any period of time should convince the viewer that there are two sure ways to get rich: visit a casino or call your friendly plaintiff attorney. Trial lawyer advertising has become so pervasive as it urges viewers to find a reason to sue somebody.

The civil justice system is a vital part of the American way of life. People who have been wronged or injured as a result of the malicious or negligent actions of others deserve the opportunity to recover or be compensated for their loss or injuries. But there should be a clear line between fairness and greed. The attitude promoted by trial lawyer advertising suggests that there is a pot of gold waiting for anyone who can find any reason to sue somebody.

So who pays for these lawsuits? We do. We pay in increased costs of products, in increased insurance rates, and in the loss of jobs when businesses are forced to close their doors due to excessive litigation.

Trial lawyers argue that current procedures correct inconsistencies and errors through judicial review and appeals. What is not reported is the enormous cost of defending the original lawsuit and pursing the appeal process.

Louisiana has made some progress in correcting abuses of the judicial system. Our medical malpractice laws are now the envy of nearly every state. Louisiana is also one state that virtually eliminated punitive damages in negligence cases. Under our laws, an injured party is properly compensated for actual losses or damages without the additional spectre of crippling punitive damages.

But even with the tort reform of 1996 and 1997, plaintiff attorneys are constantly finding innovative ways to exploit the system. A prime target of abuse is the class-action arena.

Simply stated, our culture must accept that every bad break in life does not justify a lawsuit and that some problems can be solved without litigation.

L’Observateur