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Originally posted by BlackGriffen: I've heard it speculated that you could reduce frivolous lawsuits by using a system where the loser has to pay the cost of the action going to court. That, too, sounds reasonable to me... |
A "loser pays" system would reduce frivolous suits from people who can't afford them, but it would not necessarily reduce frivolous suits from people who can afford them. Those who can afford to could still abuse the system.
Additionally, as ck suggests, while it would reduce frivolous suits, it would also tend to discourage many potentially valid suits from people who don't have a lot of assets.
It's a tough call, but I tend to agree with ck that the potential for abuse is outweighed by the merits of making the system accessible to everyone.