Gilreath & Associates

Jul 27, 2011

Tort Law promotes safety.  How does this work?  Tort law, which is part of the common law of this country, operates on the basis that people who are injured carelessly or negligently should be compensated for their injuries.  These rights are protected by the Constitution under the second amendment which guarantees a trial by jury for someone injured by the negligence of another. The ideas is that a person or company who acts carelessly and injures someone should be held responsible for their actions and pay the injured person for the damages they caused.  The tort system is designed to enforce personal responsibility and let the negligent wrongdoer, not the taxpayer, pay for the damage they caused.

The constitution is designed to promote fairness in our society by protecting the little guy from being bullied or mistreated by those with more money and power. Our founding fathers understood that the majority or those with power and influence are pretty good at looking out for themselves but somebody has to lookout for the little guy. Large corporations have enough influence to have laws passed or changed for their protection or benefit. The right to bring suit is the way that ordinary people have to stand up to those more powerful than themselves. People injured by carelessness or negligence are a minority of the overall population.  If it weren’t for the constitution, the injured could be deprived of their rights to be treated fairly by the people who injured them.

By Sid Gilreath