So says the Pacific Research Institute, which every couple years ranks the tort systems of the states. This year, Washington falls to 37 out of 50 states in tort "outputs," variables defined generally as monetary payouts and litigation risks as a result of weak "inputs," defined generally as laws and rules that govern tort litigation.
This is a pretty steep drop from a combined ranking of 14 out of 50 in the group's 2006 report. It consigns our state to the designation of "sinner" in the study's Dantesque ordering of saints, sinners, suckers, and salvageables. "Sinners" are states that "have relatively high tort losses and/or litigation risks and relatively weak tort rules on the books. The sinners are likely to face high and rising tort liability costs in the future as lawsuit abuse goes unchecked." We share this rung with neighbors like Oregon and California and eastern states like New York and Massachusetts.
Timely news as we wait to see if the Legislature will adjourn in the next few hours without acting upon E3SHB 1873, a substantial expansion of our state's statutory wrongful death liability rules and a top trial lawyer legislative priority. That's a good example of the kind of "input" under which our state's tort climate sags.
