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  #25  
Old March 29th 04, 10:55 PM
Doug Carter
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John T wrote:

What about "winner does not receive punitive damages"? Contingency is still
there, the truly wronged are made as right as money can make them, the "bad
guys" are still punished, but the courts are not treated as the lottery they
sometimes seem to be. The punitive awards in this scenario would go to a)
the general fund; b) a designated "victims' fund"; or c) some other "public
fund" that benefits society at large.


Good idea; why not go a bit further and eliminate
punitive damages? Today their primary purpose is lawyer
enrichment. Since the purported intent is to deter bad
companies from making dangerous products why not simply
leave this to criminal courts? In this way the injured is
paid for their actual losses and the party causing the
injury faces the possibility of being Martha's cell mate.
 




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