U.S. Tort Liability Index: 2010 Report

The Best & the

Worst

By Lawrence J. McQuillan and Hovannes Abramyan

AlaskaThe Frontier State

Rank: 1

The Cry Over a Spilled Milkshake State

Rank: 50

A New Jersey man sued McDonalds after his spilled milkshake distracted him causing him to run into another man's car . – American Tort Reform Association

New Jersey

Hawaii

The Aloha State

Rank: 2

New YorkThe “Unreasonably Hot” State

Rank: 49

New York resident filed a lawsuit against Starbucks for serving hot tea “unreasonably hot.” – New York Daily News

North Carolina

Rank: 3

The Old North State

FloridaThe Slip-and-Fall State

Rank: 48

“Florida’s litigation climate can be attributed in large part to its notorious reputation for exorbitant jury awards and frivolous slip-and-fall lawsuits.” – Institute for Legal Reform

South Dakota The Mount Rushmore State

Rank: 4

IllinoisThe Bar-Dancing Suit State

Rank: 47

A woman from Joliet, IL sued a tavern after toppling off the bar she was dancing on, claiming the tavern should have provided a stool for her to get down from. –Travis Akin, Illinois Lawsuit Abuse Watch

North Dakota The Peace Garden State

Rank: 5

Pennsylvania The Burglar’s “Mental Anguish” State

Rank: 46

Terrence Dickson of Bristol, PA, was given a $500,000 award after he was inadvertently trapped in the garage of a house that he was burglarizing. – USA Today

MaineThe Pine Tree State

Rank: 6

MissouriThe Neurosurgeons’ Nightmare State

In 2003 the eastern half of Jackson County, MO, lost its only neurosurgeons in

2003 due to such high malpractice insurance costs.– Wall Street Journal

Rank: 45

Idaho The Gem State

Rank: 7

MontanaThe Louisville Slugger Warning Label State

Rank: 44

A Montana jury awarded $850,000 when Louisville Slugger did not include a warning to users about the dangers of using aluminum bats. – CNN NewsRoom

VirginiaThe Old Dominion State

Rank: 8

Michigan The Never Leave a Passenger on the Plane State

Michigan woman seeking up to $75,000 in a suit after being left on an landed airline for emotional distress and false imprisonment. – CNN.com

Rank: 44

Wisconsin The Badger State

Rank: 9

ConnecticutThe “Cyclists Shouldn’t Have to Pay Attention” State

A non-profit municipal corporation looked at shutting access to its popular reservoir trails to cyclists following a $2.9 million jury award to a bicyclist who crashed into a gate. – Overlawyerd.com

Rank: 43

Iowa The Hawkeye State

Rank: 10

CaliforniaThe Asbestos Attorney’s Dream State

“Some of the biggest asbestos firms in the Lone Star state are now heading west to open offices in California where the future of asbestos litigation is looking

sunny.” – Marilyn Tennissen, Southeast Texas Record ,

Rank: 42

This report uses comprehensive, hard data on all 50 states to assess separately the outputs

and inputs of each state’s tort system and rank the

states accordingly. To download your own copy

visit www.pacificresearch.org

Fin