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Oklahoma tort shake-up mooted

With the US insurance industry continuing to battle against rapacious plaintiff lawyers and sympathetic juries, a move by the government of Oklahoma is being hailed as a breakthrough. Among a raft of proposals are caps on damages payouts and restrictions on frivolous lawsuits.

The new laws governing tort reform would set a $US300,000 ($360,060) limit for non-economic damages, such as pain and suffering, and would also protect restaurants and food manufacturers against lawsuits stemming from customers’ eating habits.

Frivolous lawsuits would be more clearly defined, including provisions under which parties must pay the legal costs should their pre-defined frivolous claim fail.

The laws would also require a clear separation and identification of lay and expert witnesses before cases begin.

Gun manufacturers and retailers would be protected from lawsuits whenever use of the weapons is defined as unlawful.