Media myths perpetuate drive for “tort reform”

It’s always irritated me that “tort reform” pretended to be a populist movement, when it’s the textbook example of an effort to protect wealthy business interests against individuals who deserve redress.

People hear about absurd cases, such as the infamous suit against McDonald’s for too-hot coffee, and conclude that legislation is needed to crack down on frivolous lawsuits.

The truth is often more complex, particularly in cases like the McDonald’s coffee suit, but the nuances are lost in the general debate. People hear about lawsuits they believe are silly, and in turn support efforts to limit lawsuits and cap damages for litigants.

The most frustrating part is when the media contributes to the misperceptions. The Washington Post’s Howard Kurtz noted today, for example, a recent column on tort reform from U.S. News & World Report’s Mort Zuckerman.

Zuckerman, who owns the magazine, wrote about two frivolous suits that he saw as justification for new legislation on tort reform.

“A woman throws a soft drink at her boyfriend at a restaurant, then slips on the floor she wet and breaks her tailbone,” Zuckerman wrote. “She sues. Bingo — a jury says the restaurant owes her $100,000! A woman tries to sneak through a restroom window at a nightclub to avoid paying the $3.50 cover charge. She falls, knocks out two front teeth, and sues. A jury awards her $12,000 for dental expenses.”

Outrageous, right? If juries are going to award huge damages in cases like these, maybe legislation is necessary, right?

The problem is the “cases” Zuckerman cited aren’t true. They are urban legends that have made the rounds for years but have no basis in fact. Zuckerman fell for a gag, like too-many reporters like him.

So, how does U.S. News respond to the error?

“These cases were reported in a variety of other reputable publications, such as the Fort Worth Star-Telegram and the London Telegraph, and Mr. Zuckerman could have cited dozens of other cases,” Zuckerman’s spokesman told the Post. “Few Americans would disagree with the proposition that there are far too many frivolous lawsuits filed.”

But that’s actually the point. The magazine is right that most Americans believe there are too many of these silly cases clogging the courts, but maybe that belief has been reinforced by the media, which is careless in highlighting lawsuits that don’t exist.