The Pains of Justice: David M. Engel on Why Americans Don’t Sue

February 27, 2017

Host: Lindsay Beyerstein

Americans have a stereotype of being somewhat lawsuit-happy. Any disagreements, no matter how small, wind up in court and we will sue the pants off our neighbors at the slightest scrape or bump. David M. Engel, author and law professor at University at Buffalo, objects.

His newest book is The Myth of the Litigious Society: Why We Don’t Sue, where he explains that contrary to popular belief, most American injury victims never so much as contact a lawyer, let alone file a claim. Engel lays out the reasons that Americans rarely sue and why it is that we think we do anyway. He believes that understanding the realities of the American legal system is the first step toward answering questions about what we should do about injuries and restitution as a society to prevent and mitigate pain and suffering.