Compensating and Preventing Damage: Is There Any Future Left for Tort Law?

Abstract

Europe is witnessing an ongoing debate amongst scholars, practitioners, and policy makers on the need for tort reform, especially with regard to the field of personal injury. Although the call for reform has not been voiced as distinctly as in the United States of America, there is a growing number of incidents that points towards a central question for European tort law scholars: is there any future left for tort law when it comes to compensating and preventing death and personal injury? This paper presents a kaleidoscope of problems, their plausible causes and feasible solutions. The problems and their causes, however, seem to lack firm empirical evidence. Tort law research should focus more on obtaining this evidence. This would help fill the empirical gap in legal scholarship. It would also bring about further research into the possible solutions to the actual deficiencies of tort law.

Keywords: tort reform, European tort law

JEL Classification: K13