That'd help as well.
But you still need to purge the pinhead judges out of the system.
As long as they base their rulings on irrational stupidity,
the wrong "loser" would be paying under "loser pays".
The legal system really has become a lottery. Everyone is suing for anything and everything because the chance of getting paid is worth it. Especially since far to many companies are paying to just get the person to go away.