I agree US businesses would be better off if we make our health care system work like any other civilized country. Tying health care to employers has turned out to be a terrible mess. But I think you're wrong about the general dynamic of class action suits.
There are two basic approaches to running a functioning society. You can establish a fair bit of regulation on how each thing is supposed to work and enforce it vigorously, or you can establish some relatively basic principles and then give people a right of private action through the courts.
Every country does some of each, of course. But America leans more heavily on the latter. And I think it's generally good, because it allows for more innovation. The government doesn't have to try to regulate each new thing. Companies know that if they fuck up and harm people, they'll end up on the wrong end of a lawsuit.
One problem with this approach is that it doesn't work well for small harms. If I find a way to fuck over every American to the tune of $10 each, I make $3b. That pile of cash lets me easily fend off the few Don Quixotes who sue me over $10. A class action suit, though, lets one lawyer sue on behalf of every American, and the opportunity of winning back $3b makes the gamble worth it.
As an entrepreneur, I much prefer the American approach. As long as I'm responsible, lawsuits aren't a huge risk, and I don't have to get advance approval from the Department of Commerce, Internet Apps Division, before I ship each new version.
There are two basic approaches to running a functioning society. You can establish a fair bit of regulation on how each thing is supposed to work and enforce it vigorously, or you can establish some relatively basic principles and then give people a right of private action through the courts.
Every country does some of each, of course. But America leans more heavily on the latter. And I think it's generally good, because it allows for more innovation. The government doesn't have to try to regulate each new thing. Companies know that if they fuck up and harm people, they'll end up on the wrong end of a lawsuit.
One problem with this approach is that it doesn't work well for small harms. If I find a way to fuck over every American to the tune of $10 each, I make $3b. That pile of cash lets me easily fend off the few Don Quixotes who sue me over $10. A class action suit, though, lets one lawyer sue on behalf of every American, and the opportunity of winning back $3b makes the gamble worth it.
As an entrepreneur, I much prefer the American approach. As long as I'm responsible, lawsuits aren't a huge risk, and I don't have to get advance approval from the Department of Commerce, Internet Apps Division, before I ship each new version.