Yes, I agree with Mr. Blakely that it not only preserves but also codifies the common-law right to sue in cases of fault or negligence. What this means is that it could take us 20 years to see any payment come out, as we saw in the Exxon Valdez situation, where the company was able to lawyer up to contest fault, to contest negligence, and to drag out the process through the courts.
Do you know what happened in that case as a result? Some of the victims died before any money was paid out. They didn't die from the effects of the spill. They died of old age.
I don't think it's appropriate to fall back on the common law, because we have these examples where it hasn't been effective in helping people recover compensation.