Discuss the evolution of tort law in America over the last hundred years or so. How has the focus of tort law changed?
*Business and law.
A tort is considered to be a civil wrong. So the tort law deals with civil proceedings to provide relief to persons who have suffered harm due to the wrongful actions of others.
In the year 1926, USA recognized the rule of res ipsa loquitur. This rule has three conditions – firstly, the accident should be of the kind that ordinarily cannot occur without someone’s negligence. Secondly, the accident must be caused by an agency that is within the exclusive control of the defendant. Thirdly, the accident was not due to any voluntary action of the plaintiff. The Kansas Supreme Court took cognizance of the rule due to rising injuries from machinery and electricity.
In the context of products liability, the law began evolving in America in the 1960s. During this time, the plaintiff need not have been the buyer of the defective product, but merely the user. In the year 1998, the law included three different ways that a product can be defective – manufacturing defect, design defect, and failure to warn of the hazard.
In terms of current focus, tort laws in America are trying to introduce reforms and make changes in the civil justice system to reduce tort litigations and damages.