Our tort liability system of justice should deliver sufficient compensation to
injured claimants to restore them to the position they were in prior to the
accident in which they were injured. Through the imposition of punitive damages,
it should deter potential injurers from negligent behavior and assure that
business decision makers take the costs of accidental injuries into account in
designing, manufacturing, and distributing safe products and providing services
to consumers. It should satisfy injured individuals' desires for justice by
allocating the responsibility for repairing harms to their injurers. By
assigning the management of the compensation process to the courts, and
establishing individualized processes for deciding tort claims, the liability
system should also empower and underscore the worth of the individual and
provide a means for the community to articulate and enforce social norms
regarding the responsibilities of individuals and organizations to each other.
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