Tort Reform and Design Professionals

Abstract

Claims frequency against design professionals continues to increase, and many design firms are foregoing insurance coverage due to the expense. Efforts at tort reform have been sporadic, and some proposals have been attacked on the basis that they alter long‐standing rights without any evidence that they will reduce litigation and insurance expenses. Characteristics of the civil justice system that increase claims frequency against design professionals are reviewed, along with relevant claims survey data. The current system does not cull out the majority of unmeritorious claims prior to trial. Therefore, tort reform efforts should concentrate on modifications to increase the civil justice system's efficiency at removing unmeritorious claims prior to trial. Proposed modifications meeting this criteria are presented. Consistent, knowledgeable involvement by design professionals is necessary to insure that the tort reform debate includes the concerns of design professionals.