How Does Joint and Several Tort Reform Affect the Rate of Tort Filings? Evidence from the State Courts

Abstract

During the mid- to late-1980s, numerous state legislatures took the historically unusual step of passing general tort reform measures. These reforms were purportedly passed in order to alleviate the tort and insurance crises, believed to be fueled by increases in both litigation frequency and in size of awards for personal injury. The most common reform involved some modification of joint and several liability. To test the impact of joint and several liability reform on litigation frequency, we conducted a regression analysis using data on tort filings for 19 states over a six-year period. Results indicate a strong statistically significant surge (increase) in filings during the last year in which cases could be brought under pre-reform liability rules. Only weak support for an overall reduction in filings is found (and that as a lagged effect). The effectiveness of the reforms, therefore, is unclear.