Related to the landmark Tennessee Supreme Court decision that expands the class of persons protected from negligent exposure to hazardous workplace materials, there's a similar case in Texas which highlights one of the many problems with tort "reform":
Alcoa argued that, because it couldn’t be proved that the company tried to intentionally harm Farwell’s client, there was no claim and moved for summary dismissal on those grounds. Under Texas law, an employee can only sue for intentionally causing harm, not negligence, while they are alive. Only after an employee dies can survivors make a claim, and then only for punitive damages, which are capped in Texas.
Tort "reforms" take away your rights to pursue justice, plain and simple. And say what you want about trial lawyers, until you need one. They are frequently the last, or only, line of defense between big corporations and average citizens, and the only way many can get justice.
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