Tort System Leads Way on Loss Prevention

摘要

When it comes to major risks to public health and safety, the tort system has appropriately been the venue for standard-setting and compensation in areas where legislatures are slow to act. This has been true with pollution, auto safety, cigarettes, and product safety, among others. Eventually, lawmakers and regulators catch up with the judiciary, often to codify common law standards and approaches birthed in the courtroom.