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California’s small businesses report strain amid rising lawsuit abuse and skyrocketing insurance rates

NORTHERN CALIFORNIA RECORD

Saturday, December 21, 2024

California’s small businesses report strain amid rising lawsuit abuse and skyrocketing insurance rates

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Exterior of Wirth Furniture. | Facebook / Wirth Furniture

As auto insurance premiums climb in California, small business owners are voicing concerns over a legal environment they say is driving up costs and threatening their livelihoods. 

Zack Wirth, owner of Wirth Furniture in Woodland, is among those sounding the alarm, arguing that frivolous lawsuits and legal abuses are to blame for the skyrocketing rates. 

"California’s alarming ranking as one of the worst ‘Judicial Hellhole’ states in the nation should be of urgent concern for our Woodland community and all Californians," Wirth said in a letter to the editor published in the Woodland Daily Democrat.  

Wirth, a longtime business owner in the region, expressed deep concern over the rise in frivolous lawsuits brought by unscrupulous trial lawyers.

“The economic consequences of these lawsuits are staggering as well,” he said. 

“The rampant litigation brought about by trial firms is costing Californians a ‘tort tax’ of upwards of $2,100 per person annually. This is money being taken directly from our small businesses and communities to line the pockets of billboard trial attorneys.”

The ripple effect, Wirth argues, extends well beyond small business owners. 

“For small businesses, this means drained resources, stunted growth, and fear that your small business will be the next target,” he said. “The ripple effect then extends to employees and consumers, further stifling local economic development and innovation.”

Wirth is calling on lawmakers to take action to address what he sees as a growing legal crisis. 

“That’s why the time is now for all Californians to call on their lawmakers to enact meaningful legal reforms that protect our small businesses from facing potentially crippling frivolous lawsuits,” he urged. “It’s time to move away from the ‘Judicial Hellhole’ label and work towards a fairer, more balanced legal environment. California’s vitality and sustainability depend on it.”

Wirth’s comments come amid rising auto insurance premiums across the state, which are expected to surge by more than 50% by the end of 2024. 

A report from Insurify shows the average annual cost of full coverage in California has already risen from $1,666 in June 2023 to $2,417, with projections reaching $2,681 next year. 

Politico reports legal and insurance requirements, such as the $1 million uninsured motorist coverage mandated for rideshare companies, drive up costs for both drivers and consumers, with Uber seeing a 65% increase in insurance costs over the past two years. 

Experts argue that without significant policy reforms, these escalating insurance rates will continue to burden both the rideshare industry and California residents.

Critics argue that the state’s legal environment, which includes abuses related to Proposition 65, the Private Attorneys General Act (PAGA) and ADA compliance, is creating a culture of lawsuit abuse. 

This environment, they say, is not only driving up insurance premiums but also contributing to California's ranking as a “Judicial Hellhole” in the annual report by the American Tort Reform Association (ATRA). 

The ATRA report notes that the California Supreme Court has consistently expanded liability, disregarding national precedent and allowing a cycle of excessive litigation to continue unchecked.

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