Compensation culture refers to a society where people frequently file compensation claims for any perceived harm. Politicians call for tort reform to prevent frivolous claims, but critics argue that media sensationalizes the issue. The rise of such claims can cause a bottleneck in civil courts and increase liability insurance costs. Good Samaritan Laws and immunity for emergency services are proposed solutions.
Compensation culture is a slang term most commonly used in the UK to refer to a highly litigious society where people regularly file compensation claims in any situation where they believe they have suffered harm. The presence of the compensation culture is being used as an argument for tort reform by politicians who suggest that laws relating to civil suits need to be changed to make it more difficult for frivolous claims to be filed. Critics of the concept argue that sensational stories in the media exaggerate the number and nature of the claims.
Many nations allow people to sue in civil court when they suffer harm because someone else didn’t pay due attention. For example, if a motorist is not paying attention on the road and runs over someone else, the accident victim may seek assistance with medical bills or car repairs. In a culture of redress, the number of such lawsuits increases significantly, and their merits are sometimes questionable as people may bring suits in situations where it is not clear that they have suffered harm.
The court system is obligated to take on all reasonable cases, although judges are allowed to dismiss cases that are clearly without merit, including cases that lack sufficient supporting material. The rise of the compensation culture can result in a bottleneck in civil courts, making it more difficult to deal with legal matters. Liability insurance costs tend to rise because insurance companies pay more for their policies. Lawyers can contribute to the growth of such cases by encouraging clients to pursue damages in court.
Arguments against the compensation culture usually surround cases where people have been sued in situations where no harm has occurred or when they were attempting to help someone and have been sued for their problems. The classic example used by tort reformers is the Good Samaritan, a person who stops to render assistance in an accident and becomes the target of a lawsuit. Harassing lawsuits, such as people attempting to resolve customer service issues like poorly prepared food through the courts, are also an example of a compensation culture.
Some proponents advocate Good Samaritan Laws, which allow people to offer basic medical care and treatment such as CPR at the scene of an accident without fear of retaliation. Liability reformers are also pushing to make emergency services like police officers and ambulance crew immune to suits unless negligence is clearly present; a paramedic could not be sued for broken ribs while administering CPR, for example, but could be sued for failing to identify a neck injury. People concerned about the compensation culture may also recommend fines or otherwise penalize people who bring nuisance actions to court.
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