Another example of why I'm not entirely libertarian: I really think we need to limit tort liability. Libertarians advocate a reduction in government regulation and claim that people will regulate their own activities if we have a strong court system that allows them to sue each other for civil damages. For example, we wouldn't need building codes if building owners could be effectively sued for damages when their buildings collapse on people. Such a suit could be brought now, but would likely lose if the buildings met whatever codes have been established by the government; under the libertarian system, the plaintiff would always win such a case based on the facts in evidence -- your building collapsed, ergo it was not built properly and you owe me money.

The multitude of problems with our medical malpractice system belies the theory behind this sort of regulation through unlimited tort. Jurors, unfortunately, don't appear to be smart enough or dedicated enough to make wise decisions in these matters, and their judgements are driving health costs through the roof and putting doctors out of business. Just as over-regulation can strangle an industry, so can trial lawyers and plaintiffs looking to win the legal lottery.



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