Excerpt-Is our legal system awarding millions to individuals with superfluous injuries? Are juries getting out of hand with ridiculous judgments costing average consumers millions or billions in higher consumer or insurance costs? Are punitive damage awards still devastating the sports consumer products industry? Are some defendants paying significantly higher awards compared with other defendants who are being "let off the hook?" These represent some key questions which have been raised concerning the current state of our judicial system and the manner in which damages are awarded in personal injury cases. One key concern associated with damdge awards has been pain-and-suffering, a form of damages which represents real damages, but are impossible to accurately quantify.' The Department of Justice's Tort Policy Working Group recommended in 1986 that caps be placed on pain-and- suffering awards as they are subjective, unpredictable, and substantial.' Pain-and-suffering has gained significant attention as it covers a wide range of intangible injuries such as fright, grief, anxiety, indignity, and nervousness.
Related links
Details
Title
Punitive damages and corporate liability analysis in sports litagation