Alternatives to the Tort System for Personal Injury

This Article critiques the use of the tort liability system to resolve claims for personal injury and argues that this system is cumbersome and fortuitous. In an effort to resolve these difficulties, the author reviews the various alternatives to the use of the tort liability system and proposes a statute under which a defendant would be given the option of offering to pay periodically the claimant's net economic loss. In the alternative, the author proposes that sellers of products or services put in effect an insurance policy or product warranty binding the seller to tender within a short period the victim's net economic loss, regardless of the existence of tort liability.