Posts Tagged ‘state laws’

Schwarzenegger’s Job Creation Plan Includes Lawsuit Reform

Monday, January 11th, 2010

Arnold announced his five-point plan for economic recovery last week, which involved a surprising amount of tort legislation reform proposals including caps on punitive damages, emotional trauma rewards and other forms of compensation available to accident victims in California.

“California’s current litigation laws lead to large settlements with little value to consumers but become worth millions to lawyers at the expense of California businesses,” the Governor said. “Current statutes also impede growth by holding businesspersons liable for defective products — even if the seller had no knowledge or control over the defect — and allowing for punitive damage awards that are wildly unpredictable among similar cases.”

While many experts, including Orange County injury attorneys, believe the chances of Arnold getting these measures passed in the legislature because they will be too bogged down with other duties this year, the California Citizens Against Lawsuit Abuse is sure to push the state government to reconsider their prioritization of these measures. One Democratic campaign consultant, Bill Wong, says he doubts the governor’s push to limit corporate responsibility through lawsuits would go over very well with California voters.

To read more about the proposal, see the article in Legal News Line.

Courts Struggle to Evaluate The Value of Pets

Monday, December 21st, 2009

Most states have rules establishing who can sue for emotional distress after a victim’s death and which actions can result in these types of damages. In a recent California case, the court of appeals refused to place any value on the loss of a pet dog, other than the monetary value of the dog itself. The court also refused to allow the family to claim compensation for loss of companionship.

In other courts however, dogs have been given more value in recent years. An Oregon decision said that an owner may claim damages if he can “prove [a dog’s] special value to him by showing its qualities, characteristics and pedigree . . . .”

Louisiana, Texas, Illinois and Florida all recognize the value a pet may have to his owners, and as times change, it seems more states may become open to this concept. Orange County personal injury attorneys hope that eventually, even California may change its ways.

In Vermont, a case is coming up before the state’s supreme court to decide if Denis and Sarah Scheele can claim emotional distress compensation from the person who shot and killed their dog. “We’re still working toward having the courts recognizing the true value of companion animals. They’re members of the family, not mere property,” Sarah Scheele said.

To read more about these important issues, see the articles on Oregon Animal Law and Sphere. Image Via Tambako The Jaguar [Flickr].