November 15, 2007
Noneconomic Damage Caps Discriminatory?
That's the argument summarized by Ron Miller (Maryland Injury Lawyer Blog) from Rebecca Korzec (Baltimore), Maryland Tort Damages: A Form of Sex-Based Discrimination 37 U. Balt. L.F. 97 (2007). Miller's summary (the article is not on SSRN or otherwise online for free, so far as I can tell):
The essential premise is that limiting non-economic damages disproportionately affects female litigants, because women earn less, in large measure due to women spending more time on unpaid child care and taking care of the children and the house. Accordingly, limiting pain and suffering damages does not allow juries to award fair compensation. Non-economic damage caps solidify bias by rewarding economic losses over non-economic ones, intensifying the gender bias of tort law.
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