Why major "tort reform" is a terrible idea

[Thorgrim]

Pool drain rips out part of girl’s intestinal tract
6-year-old, who was sitting on top of hole, is in intensive care

July 5: A 6-year-old Minneapolis girl is lucky to be alive after she sat on a pool drain that sucked her intestines out of her body. KARE's Scott Seroka reports.
NBC News Channel

MINNEAPOLIS - A 6-year-old girl who sat on an open drain in a wading pool lost part of her intestinal tract to the drain’s powerful suction, her family said.

Abigail Taylor was injured in the wading pool on June 29, according to her family.

Her father, Scott Taylor, said the suction caused a 2-inch tear in Abigail’s rectum and pulled out much of her small intestine. Doctors had to remove the part of her intestines that remained, according to the family’s lawyer, Bob Bennett.

Abigail remained in intensive care at Children’s Hospital on Thursday and appeared to be improving, Bennett said.

She was to undergo surgery on Friday, Bennett said. “She’ll receive her nutrition through a port for the rest of her life,” he said.

Bennett said the swimming pool’s drain hole was improperly uncovered. However, the general manager of the club where the pool is located said he didn’t think anything was wrong with the pool. He referred questions to the attorney for the club’s insurance company, who declined to comment.

Several states have passed pool-safety laws after children drowned or were disemboweled by drain suction. North Carolina, for instance, requires pools to have dual drains to diffuse the force of the suction and prevent children from being trapped.

Pool drain rips out part of girl’s intestinal tract - Kids & Parenting - MSNBC.com

I'd say "wow" but events like this happen all the day, this is an unfair world and very horrible events happen to good people all the time, MANY times due to negligence of someone else...you really think the little girl shouldn't get any money from the insurance company that was financially responsible for legal issues dealing with the pool?

Fine, she should get some, but now you want to limit it...the girl's life has been destroyed, she's half dead, she will lead a very expensive and quite frankly horrible life...she will need quite a bit of money to live comfortably, and even that will not cover what it would be like to be a normal kid

And a message needs to be sent to people who go "oh gee shucks, I thought the pool/mine/club was safe...someone's life was ruined...well I didn't want that, I put in some effort" Well, effort doesn't make you innocent when it kills people or causes such incredible damage...to a 6 year old girl...

If there were caps, her family would be broke by the time she was in her teens...and you can't just re-litigate and go "your honor, new medical treatments cost more now...can we get a new jury award?!?!"

A perfect example of what happens everyday

You want tort reform? Restructure it to quickly dismiss lawsuits without merit, but keep unlimited caps and full accountability to the negligent