Small Businesses Hit Hardest By Tort Litigation Costs
Individual Cost Approaching $150,000 Per Business

August 9, 2004

CHARLESTON , W.VA.A new national study shows that tort litigation costs on small business are enormous.  The report, prepared recently by the U.S. Chamber’s Institute for Legal Reform (ILR), says America ’s small businesses are paying a high price because of tort litigation costs. U.S. businesses are paying this price in the form of lost businesses opportunities – to the tune of $88 billion a year. Worse still, small businesses are bearing the largest burden of the tort liability costs in this nation. 

“The Institute’s study provides a detailed picture of just how destructive our legal system can be to small businesses,” said Lisa Rickard, President of the ILR. The report notes that this impact is being felt mostly on those small businesses with less than $10 million or less in revenue a year.  These businesses are bearing 68 percent of tort system costs and each pays nearly $150,000 a year to cover these expenses.  As for businesses with revenues of $1 million or less a year, the average tort liability cost is $17,000 a year.  Those businesses bear 26 percent of the nation’s tort liability costs, but take in only 8 percent of business revenues.

“This ‘hidden tort tax’ is money that could be used to hire additional employees, increase production, or improve health benefits for workers,” Rickard noted.

Of the $233 billion overall tort liability costs in this country, it is estimated that $129 million falls on businesses, Rickard said.  Of the remaining costs, $80 billion is for personal liability (and is handled largely through car insurance and homeowners’ insurance) and $25 billion is for medical malpractice.

“Our leaders often pay homage to small businesses as the backbone of the American economy, yet little has been done to ease the burden placed on these enterprises by the steadily growing costs of litigation,” said Steve Roberts, President of the West Virginia Chamber of Commerce. “No where is this more evident than in West Virginia .”

“This report shows that legal reform – the battle to rein in runaway litigation costs – is not just a fight solely between large businesses and the plaintiffs’ bar.  In fact, lawsuit abuse affects every business and every American.  This report clearly shows that small businesses have much to gain or lose depending on the outcome,” Roberts added.

For several years now, the West Virginia Chamber of Commerce has been advocating for the need for civil justice reforms in West Virginia .  “Our state is one of the last in the nation that hasn’t addressed the serious problems associated with frivolous lawsuits, class action lawsuit shopping and ever-growing tort litigation costs,” he continued.  “The Mountain State is totally out of step on this issue, and it is costing our businesses money and jobs.”

“We must restore fairness and integrity to our judicial system before another worker loses his or her job or another business closes its doors.  West Virginia ’s small business community can no longer afford to labor under this costly, ‘out of step’ environment,” Roberts said.

Institute for Legal Reform Study Site - http://www.legalreformnow.com/study060804.cfm

West Virginia Chamber of Commerce – (www.wvchamber.com) As the state’s largest, most influential general business organization, the West Virginia Chamber represents all business sectors in every region of the state, with more than 95 percent of its members being small businesses. The organization’s 5,000+ membership reach comes from its network relationships with 54 local chambers of commerce and dozens of statewide business and trade associations. The West Virginia Chamber is a proactive leader in the search for solutions to problems, a voice for free mark et competition and streamlined government, a catalyst for progressive thinking and problem solving, and a partner with government as appropriate.

Institute for Legal Reform -- (www.legalreformnow.com) The mission of the Institute for Legal Reform is to make America 's legal system simpler, fairer and faster for everyone. It seeks to promote civil justice reform through legislative, political, judicial and educational activities at the national, state and local levels. The Institute is a tax-exempt, separately incorporated affiliate of the U.S. Chamber of Commerce. The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.