Giant tort awards involving products such as asbestos and breast implants have bankrupted businesses. When we hear about a $4 million punitive damage award against a BMW dealer who sold a physician a “new” car that had actually been repainted, we may wonder if the justice system has lost its bearings, and whether product liability has gone too far. We may not understand that these large awards are almost always dramatically reduced, as in the BMW case. Furthermore, awards in big class action cases often come in the form of product coupons or gifts to charity. Exploding tires on Ford Explorers, for example, resulted in a 2008 class action settlement for 1,647 eligible claimants of $500 toward the purchase of a new Explorer and $300 toward the purchase of another Ford vehicle. Legislation such as The Protection of Lawful Commerce in Arms Act, which helps shield gun manufacturers and dealers from negligence liability when their products are used in illegal activities, also limits the risk of litigation. Nonetheless, the threat of tort lawsuits significantly affects business decision making and, in some instances, actually prevents products from reaching the market.

Question 

Do you think the weight of the legal system is now stacked unfairly against tort claimants? Explain.