Professor Vars Writes Poem to Explain Why There Is No Tort Recovery for Injuries

Professor Fredrick Vars offers this poem as a novel explanation for why there is no tort recovery for very unlikely injuries.

ODE TO ADAMS v. BULLOCK
CARDOZO WAS A BEHAVIORAL ECONOMIST*
Fredrick E. Vars†
Tort law asks juries to ignore what they know
And give plaintiffs relief only if they show
That the defendant should have foreseen the harm
As likely enough to raise an alarm.1
At that we do poorly,2 especially so
When the chance of the harm is markedly low.
For here people err in a damaging way:
“Those small odds are bigger,” they typically say.3
These defects in reason, if left unchecked,
Could mean an award for every sore neck.
But tort law gives judges an unnoticed4 trump
To counter the bias as would a good ump.
No recovery lies for events too rare.5
It’s as if the injury just isn’t there.
With caution this doctrine should judges apply,
Though after this rhyme at least they’ll know why.6