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What Drives Tort Reform Legislation? An Analysis Of State Decisions To Restrict Liability Torts

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  • Yiling Deng
  • George Zanjani

Abstract

This article studies the timing of state‐level tort reform enactments between 1971 and 2005. Using discrete‐time hazard models, we find the level of litigation activity—as measured by incurred liability insurance losses, the number of lawyers, and tort cases commenced—to be the most important and robust determinant of tort reform adoption. Political‐institutional factors and regional effects—such as Republican control of the state government, single‐party control of the legislature and governorship, and a (relatively) conservative political ideology among a state's Democrats—are also associated with quicker reform adoption.

Suggested Citation

  • Yiling Deng & George Zanjani, 2018. "What Drives Tort Reform Legislation? An Analysis Of State Decisions To Restrict Liability Torts," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 85(4), pages 959-991, December.
    • Handle: RePEc:bla:jrinsu:v:85:y:2018:i:4:p:959-991
    DOI: 10.1111/jori.12186
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    Cited by:

    1. Sebastian Panthöfer, 2022. "Do doctors prescribe antibiotics out of fear of malpractice?," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(2), pages 340-381, June.

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