A recent national survey of American voters’ attitudes toward the civil justice system reveals substantial concern about the misconduct and greed of large corporations.

According to the poll conducted by Hart Research Associates, while an overwhelming margin (74-11%) of voters believe that large corporations should give priority to being fair and responsible in dealing with their consumers and employees, a greater margin (83-7%) say that corporations put profits ahead of fairness.

On important issues of civil justice, respondents said that they consider corporate misconduct to be a substantially more serious national problem than so-called “lawsuit abuse.” More than 3 in 5 voters viewed as very serious problems corporations defaulting on pension obligations (64%), excessive CEO compensation (64%) and HMOs denying needed medical treatments (55%). 

Of significantly less or little concern among voters are charges that the system unfairly advantaged plaintiffs or their attorneys. Only one-third (34%) said that trial attorneys making too much money when they win lawsuits is a serious problem and just one-quarter (234%) are concerned about victims receiving too much money from juries in personal injury and medical malpractice cases. Among all groups of voters, concern about so-called lawsuit abuse is overshadowed by worries about corporate abuse of consumers, employees and shareholders.

Despite the efforts of business organizations to undermine the civil justice system, the survey shows the American public supports the nation’s courts. Americans believe the civil justice system provides essential safeguards at a time when corporate misconduct poses a serious problem. Almost three times as many individuals maintain holding corporations accountable when their actions harm consumers, employees, or communities (70%) is more important than calling for the civil justice system to limit the amount of compensation juries can award for pain and suffering “so that lawsuits do not cause as big a burden on our economy” (25%).

Additionally, those surveyed give priority to holding corporations accountable (61%) over “reducing the number of frivolous lawsuits” and penalizing those who file them (32%).

Reducing the number of “frivolous’’ medical malpractice suits is not a high public priority, indicating most don’t consider it an urgent problem. Asked to choose among competing health care policy priorities, voters assert that what matters most is ensuring that doctors and patients—not HMOs and insurance companies—make medical decisions, with 62% believing insurers’ denying coverage for needed treatments is a serious problem. Following closely behind is providing coverage to the uninsured, selected by 38% of voters. Trailing far behind at just 10% is the notion of “reducing frivolous medical malpractice lawsuits.”

The poll also established that candidates for public office who support the civil justice system have nothing to fear from voters. Asked whether Democrats go too far in siding with trial lawyers and blocking “needed changes” to the legal system, or that Republicans go too far in siding with big corporations and restricting people’s ability to seek justice and accountability through the courts, voters responded they are more concerned today about Republicans’ anti-civil justice posture (45%) than about Democrats’ siding with trial lawyers (34%).

Asked to choose between a pro-civil justice candidate and a candidate pledging to
restrict lawsuits, voters voiced their preference for the civil justice candidate by an overwhelming 65% to 26% margin. A pro-civil justice system candidate enjoys overwhelming support from Democratic voters (75% to 18%), as well as a very solid 38-point margin among independents (64% to 26%). Among Republicans, a narrow 53% majority favors the civil justice candidate.

For more information on the poll, visit http://www.justice.org/pressroom/CJSPollMemo.pdf