Why is US Tort Law so Different?

Abstract

US tort law is an oscillating kaleidoscope of fascinating character that differs from its European counterpart(s) in many respects. This paper traces these differences. They are encountered not only on the level of substantive law but also and far more on the level of procedural law. The latter are the main factors that make the US tort litigation scene special. This paper identifies these typically ‘American’ instruments of substantive and procedural law like punitive damages, class actions, contingency fees and discovery procedures. It shows their influence on the tort litigation culture of the US and contrasts them with their possible European equivalents, which, on the whole differ significantly. The paper then specifies the reasons for these differences and draws from the comparison conclusions for the future of European tort law.