Consumer Law

The value of a human life and damage caps

By Justinian Lane

Even if we go with the Bush-era figure of $6.8 million, you?re far above the often-proposed cap of $250,000 for noneconomic damages.  I?m morally opposed to ANY damage cap because I don?t believe that you can set a flat rate on every human?s life.  But if we?re going to do caps at all, couldn?t they at least be in line with what the feds think a human life is worth?

To protests from business and praise from unions, environmentalists and consumer groups, one agency after another has ratcheted up the price of life, justifying tougher ? and more costly ? standards.

The Environmental Protection Agency set the value of a life at $9.1 million last year in proposing tighter restrictions on air pollution. The agency used numbers as low as $6.8 million during the George W. Bush administration.

The Food and Drug Administration declared that life was worth $7.9 million last year, up from $5 million in 2008, in proposing warning labels on cigarette packages featuring images of cancer victims.

The Transportation Department has used values of around $6 million to justify recent decisions to impose regulations that the Bush administration had rejected as too expensive, like requiring stronger roofs on cars.

And the numbers may keep climbing. In December, the E.P.A. said it might set the value of preventing cancer deaths 50 percent higher than other deaths, because cancer kills slowly. A report last year financed by the Department of Homeland Security suggested that the value of preventing deaths from terrorism might be 100 percent higher than other deaths.

Source: A Life?s Value May Depend on the Agency, but It?s Rising - NYTimes.com

Full post as published by TortDeform.com on February 17, 2011 (boomark / email).