This Article recognizes that the people who actually pay for tort judgments are generally not the wrongdoers, but the enterprises that have employed or insured the tortfeasors, or purveyed the faulty products. The enterprises then recover their expenditures by charging higher prices to their consumers, or by reducing the benefits that they confer on investors, workers, and the general public. The consumers, the workers, the public, and the investors are the innocent human beings who contribute to paying for tort judgments. This Article addresses what kinds of losses justify forcing the innocent to contribute, and suggests reforms that seem to balance more beneficially the welfare of injury victims and the welfare of innocent contributors.
Alfred F. Conard,
Who Pays in the End for Injury Compensation - Reflections on Wealth Transfers from the Innocent,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol30/iss2/6