Fifty-State Tort Reform Survey

Frank J. Chiarchiaro
Nelson Camacho

In 1992 when the first article on this topic was published in the ABC Law Report, it was stated that many states began to enact tort reform legislation, partly in response to a then so-called products liability crisis.

Notwithstanding the enactment of this tort reform legislation on the state level, there was a continuing effort on the federal level to enact similar legislation. However, except for the enactment of the eighteen-year statute of repose for general aviation airframe and products manufacturers and the Multiparty, Multiforum Trial Jurisdiction Act of 2002,  federal efforts at tort reform have been unsuccessful.

The Fifty-State Tort Reform Survey contained in this 50th Anniversary edition of the Aircraft Builders Council, Inc. Law Report is being published at a time when virtually all of the states have enacted some form of tort reform legislation. These reforms are in many instances comprehensive. We have included in this Survey only those categories of tort reform that we believe to be of importance and interest to the reader. Every attempt was made to insure the accuracy of the information contained in this Survey.

However, since product liability law and tort reform legislation are continually challenged, tested, rejected and changed as the courts interpret these laws and apply them to the facts and circumstances of the cases before them, the continued accuracy of this information cannot be insured. Also, legislatures continue to enact new tort reform legislation or refine the content of laws already in place. Therefore, where there is a need to rely on the procedural or substantive law cited in the Survey that follows, it is strongly suggested and recommended that the user assure the continued applicability of that law.