why torts?

The new machines [of the Industrial Revolution] had a marvelous, unprecedented capacity for smashing the human body.

– Lawrence Friedman, 2005
A History of American Law

I simply love this quote. There's something spectacular about the words "marvelous, unprecedented capacity for smashing the human body" that really speaks to me.

AND, perhaps more importantly, they helped me to understand the purpose of the law of torts. In a complex society such as we now live in (thanks to the machinery made possible by the industrial revolution) unintended injuries are unavoidable. The costs of these injuries can either be left to lie where they fall, caught in a well-weaved social welfare net, or distributed in some other way.

Tort Law functions as the third option. Since Capitalist America won't be having any of that social welfare stuff, but we still hold dear to ideals such as equity, Tort Law serves to distribute the costs of injuries more evenly among the members of society. (Caveat: My understanding of all this may yet change; for instance, I can't yet speak to intentional torts; it is, after all, only the 2nd week of class.)

Regard Maxine Hammontree, who was working in her bicycle shop one sunny afternoon when a car comes crashing into the wall, injuring her and damaging her shop. The driver, Tom Jenner, suffered an epileptic seizure and lost control of his car. Maxine files a tort action to gain access to Tom's insurance, and in doing so seeks to distribute the costs of her injury where it can better be absorbed.

Nevermind the outcome of the case or the finer points of law I've been analyzing for a week. It was the first case in Torts for a reason: it perfectly illustrates the need for the Law of Torts. Folks get hurt all the time for reasons that were out of their control. They incur medical bills, and sometimes they can't go back to work. They need help, and often there's not any available unless an action can be brought based on the law of torts.

I used to think tort law was a flimsy mechanism by which greedy lazy folks leeched off of large corporations. Now I see that tort law exists for a genuinely good reason, which makes me much more interested in the subject matter of this class.