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Ranking by State

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Saints
States that have relatively low monetary tort losses and/or few litigation risks and relatively strong tort rules on the books. These states are well positoned to contain their tort liability costs in the future if the rules are implemented as written.

Saints
State Output Rank Input Rank
Alaska 2 16
Mississippi 9 23
Ohio 11 3
Tennessee 12 9
Utah 7 15

Ranking
The U.S. tort system is an industry, and, like any industry, it consists of inputs and outputs. Tort-system inputs are such things as courthouses, judges, juries, clerks, copying machines, law libraries, and the rules and procedures on the books that shape tort outputs.

Output Rank
Tort-system outputs consist of the cases filed, attorneys practicing to handle the cases, damage awards, and settlement amounts. In brief, the outputs from the U.S. tort liability system consist of monetary tort losses and litigation risks.

As a rule, lawmakers and voters do not directly control these output factors; they can best control outputs by changing the input rules and procedures on the books.

Input Rank:
The inputs to the U.S. tort liability system are largely the rules on the books in each state that shape its tort-system outputs. These rules are controlled by voters, legislators, and/or judges either directly or indirectly in each state. It is helpful to think of these rules as the dials that can be turned to influence the final outputs of the tort system—the monetary tort losses and litigation risks.