What's a tort? What to know as tort reform debate in Louisiana heats up

Aug. 9—Louisiana legislators are resurrecting conversations about "tort reform" and are deliberating how to confront the contentious issue.

But what is the crux of the debate? What is a "tort?" Here's what to know.

What is a tort?

When someone harms you wrongfully — such as when another driver slams into you after running a red light unlawfully — it's called a "tort." Tort laws allow harmed parties to recoup damages, such as through personal injury lawsuits.

Though there are many kinds of torts, the Legislature is presently focused on those affecting the auto insurance industry. The debate over tort reform centers around whether to limit how much insurance companies pay out after auto accidents.

Who's for tort reform?

Insurance companies and business interests generally support compensation limits. They say such limits would better protect insurers from unfair lawsuits and lowering insurance rates for residents. They also cite a need to protect insurance companies from unfair trials.

The Louisiana Association of Business and Industry, for instance, proposed that juries should first determine whether someone injured in a car crash was wearing a seatbelt before insurers are made to pay claims.

Who's against it?

Trial attorneys representing injured plaintiffs sue businesses and insurance companies in pursuit of proper retribution for clients. Tort reform stands in clients' way of receiving just compensation for personal injury, trial lawyers argue.

They also say there is no guarantee that such changes will lead to lower auto insurance premiums, and that it could instead make it harder for people to file lawsuits and receive a jury trial.

Republican lawmakers and Gov. Jeff Landry are divided.

The American Tort Reform Association labeled Louisiana was the fifth-worst "judicial hellhole" in the nation in 2018. Although trial lawyers typically back Democratic candidates, Republican Gov. Jeff Landry secured their campaign contributions last year after he agreed not to go after them as governor.

He has thus far kept that promise, vetoing a bill to reduce payouts for the injured and weakening other pro-industry bills in the recent legislative session. The governor has said his moves were meant to support the working class and families.

The debate is ramping up.

Four legislative committees met on Wednesday to hear testimony for and against tort reform. Lobbyists, trial attorneys and legislators deliberated over its pros and cons in the second of several meetings focused on the issue.

Although Landry's office has cited the governor's committment to lowering insurance rates, it has suggested there is not hard proof that tort reform is the solution. His office has emphasized a need to look at the facts before deciding what steps to take.

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