Fear of litigation is among the top issues listed by senior executives who manage internationally owned U.S. businesses whereas U.S.-owned companies that operate in other advanced economies do not express the a similar concern. (The U.S. Litigation Environment and Foreign Direct Investment, U.S. Department of Commerce, October 29, 2008).
There is the perception that, at least in some contexts, other countries’ legal systems are more predictable and that the legal costs of doing business are substantially less. These perceptions exist even though the overall high quality of the U.S. legal system is also well recognized internationally. (The U.S. Litigation Environment and Foreign Direct Investment, U.S. Department of Commerce, October 29, 2008).
Small businesses bear 69 percent of business tort liability costs but take in only 19 percent of business revenues. (Tort Liability Costs for Small Business, Institute for Legal Reform , May 17, 2007)
The cost of the tort system to individual small businesses is $20 per $1,000 of revenue. In other words, a small company with $1 million in annual revenues will pay, on average, $20,000 in annual tort related costs. (Tort Liability Costs for Small Business, Institute for Legal Reform , May 17, 2007)
Small businesses pay $20 billion of their tort costs out of pocket, as opposed to insurance. (Tort Liability Costs for Small Business, Institute for Legal Reform , May 17, 2007)
Very small businesses, those with less than $1 million in revenues, pay $31 billion in tort liability costs, but take in only 6 percent of business revenues. (Tort Liability Costs for Small Business, Institute for Legal Reform , May 17, 2007)
Small businesses typically spend about $5,000 to settle one legal dispute—about 10 percent of a small business owner’s average salary. (“Use of Lawyers” National Federation of Independent Business National Small Business Poll, Vol. 5, Issue 2, 2005)
In a recent survey from the National Federation of Independent Business (NFIB), liability costs rank second only to healthcare costs as problems facing small businesses. Four years ago, liability costs ranked No. 13 on their problem list. The U.S. Chamber of Commerce estimates that U.S. small businesses spend $88 billion per year on litigation costs. (Houston Business Journal, December 18, 2006)
Small businesses are responsible for three-quarters of all new jobs created in the U.S economy. More employee benefits could be provided or jobs created if the average small business didn’t have to spend over $17,000 a year on an out of control lawsuit system. (ILR/NERA Report “Tort Liability Costs for Small Business,” June, 2004)
Lawsuits and liability insurance cost American businesses $128.8 billion each year. An estimated 4.4 million U.S. small businesses pay more than half of those costs but take in only 25 percent of business revenue. Because many small businesses don’t have the money to buy insurance, they are hurt the most by lawsuit abuse. These very small businesses on average pay 44% of tort liability costs out of their own pocket. ((ILR/NERA Report “Tort Liability Costs for Small Business,” June, 2004; Lawsuits costly for U.S. small businesses, Washington Times, June 9, 2004)
Foreign companies are shunning the United States in large part due to the U.S. culture of litigation. European stock markets have now surpassed American stock markets in aggregate market capitalization for the first time since World War I. A recent study conducted by McKinsey and Company identified lawsuit abuse as one of the most crucial problems threatening New York as a financial center. A survey of chief executive officers cited in the study found that fully 85% of chief executives preferred the litigation environment in London to New York. (“Blocking Markets” New York Sun, April 19, 2007; “Litigation Puts Wall Street’s World Status at “Tipping Point” Financial Times, April 6, 2007)
http://www.sickoflawsuits.org/threats/CosttoConsumers.cfm
seems certain lawyers achieved a self-fullfilling prophecy.