Delawareans may lose more of their constitutional rights in the next two months than in the last 200 years.

So-called lawsuit or tort reforms are being debated in Washington and Dover that would bar you from using your own court system.  Under these radical “reforms”, if someone injures you, you will have no place to turn.  You will be expected to cope with your injury as best you can, while the people who hurt you escape responsibility for their wrongdoing.

These so-called reforms protect polluters, careless doctors, makers of unsafe products, drunk drivers and even murderers and their insurance companies.  These “reforms” are opposed by hundreds of public-interest groups, including the American Association of Retired Persons, Mothers Against Drunk Drivers, the National Council of Senior Citizens and the Sierra Club.

The more than 300 big businesses pushing these “reforms” say they are aimed at “frivolous lawsuits.”  But the proposed changes apply to all lawsuits, questionable or not.  Most of the “reforms” would apply only to valid claims, claims made in cases proved in court.  Many of the reforms apply only to the most seriously injured by arbitrarily capping their damages.  None of them make it easier if you have a valid claim.

The proposed reforms are unnecessary.  There is no litigation explosion in personal injury suits.  According to the National Center for State Courts, the number of person injury cases has remained about the same in the last 10 years, declining slightly since 1991.  Personal injury lawsuits and liability insurance add only about 1 percent to the cost of goods and services (U.S. Accounting Office).

The special interests behind these “reforms” have bombarded us with radio and TV ads based on misinformation.  They talk about a woman who got a million dollars from McDonald’s “because her coffee was too hot.”  Here are some of the many facts in the McDonald’s case they leave out:

The victim suffered third-degree burns over 6 percent of her body, requiring extensive and painful treatment.  McDonald’s served coffee at near boiling temperatures, much hotter than other restaurants do.  At trial, McDonald’s admitted its coffee, as sold, was not fit for consumption because “it would cause severe scalds if spilled or drunk.”  Even though more than 700 people (including infants) had been burned by its coffee in the previous 10 years, McDonald’s said it had decided not to take precautions or warn its customers because the burns were “statistically insignificant” compared to McDonald’s coffee sales.

The jury found both the victim and McDonald’s at fault, and the damages were reduced accordingly.  The final settlement was undisclosed, but it’s a safe bet it was only a small fraction of the amounts mentioned in the ads.

The McDonald’s case is only one, a sensationalized one from New Mexico.  Consider the recent Delaware case of a Wilmington woman who died because her doctor missed a routine cancer diagnosis; or a local worker who was sprayed with dangerous chemicals after a valve his employer fixed with “Crazy Glue” blew up in his face; and the Wilmington driver who face, ears and genitals were burned off and who had burns over 85 percent of his body because of a defective fuel truck.  Under the proposed “reforms”, each of these victims would receive little or no compensation and those who had callously disregarded their safety would avoid responsibility.

Any of these tragedies could happen to you or your family!

Even if you are never injured by careless actions, under the radical “reforms,” you will end up paying.  By allowing the wrongdoers off the hook, the cost of caring for seriously injured victims will be shifted to the tax-paying public.  With the threat of a lawsuit removed or greatly reduced, careless wrongdoers will have far less incentive to change their dangerous conduct.

Our court system, with juries of everyday citizens, provides a fair chance for both sides to be heard.  Even an average person can hold the largest corporation accountable.  It is a basic check and balance of our society.  It is the only place in our government where decisions are made not by politicians and bureaucrats but by average citizens serving as jurors.

If someone injures you, without our courts, where would you turn?  To the government?  To the mercies of the group that injured you?

Why should a group of wealthy special interests have different rules than you or I?  The next time you  hear about the “million dollar cup of coffee” think about the priceless rights you’d be giving up.

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