Category Archives: Negligence

‘Torts: Medical Malpractice Is Approved’

The American Law Institute’s membership voted today to approve Restatement of the Law Third, Torts: Medical Malpractice. Led by Reporters Nora Freeman Engstrom of Stanford Law School, Michael D Green of Washington University School of Law, and Mark A Hall of Wake Forest University School of Law, the project was launched as part of Restatement […]

Emily Laidlaw, ‘The Diligent Online Platform’

ABSTRACT Platform regulation models are changing. For many years, intermediary liability laws were stuck in the binary of leave-up or takedown models. There has been a shift to what can be described as risk management, duty of care or due diligence models, such as the European Union’s Digital Services Act, the United Kingdom’s Online Safety […]

Mary-Elizabeth Tumelty, ‘Delay and settlement: The disposition of medical negligence claims in Ireland’

ABSTRACT Reflecting the international experience, statistics show that most medical negligence cases in Ireland settle. Less is known, however, about the duration of these cases, though anecdotal evidence suggests that they are protracted in nature. Procedurally focused reforms, aimed at reducing costs and facilitating more expedient resolution of these disputes have been proposed in Ireland, […]

Nolan and Matulionyte, ‘Artificial Intelligence in Medicine: Issues when Determining Negligence’

ABSTRACT The introduction of novel medical technology, such as artificial intelligence (AI), into traditional clinical practice presents legal liability challenges that need to be squarely addressed by litigants and courts when something goes wrong. Some of the most promising applications for the use of AI in medicine will lead to vexed liability questions. As AI […]

W Bradley Wendel, ‘In the Duty Wars, I’m Switzerland’

ABSTRACT The ‘duty wars’ have been raging among tort scholars for some time, sparked by the Third Restatement’s deflationary approach to the duty element of the negligence cause of action. Defenders of the traditional approach to duty insist that it is necessary to ensure that tort law stays on the right side of the boundary […]

‘Negligence and Civil Maturity’

Veronica Rodriguez-Blanco, ‘Revising the Puzzle of Negligence: Transforming the Citizen Towards Civil Maturity’, 68 American Journal of Jurisprudence 105 (2023). This lively and concise article surveys aspects of the philosophy of corrective (classically, commutative) justice in the domain of the Law of Torts, specifically the law of negligence. It begins by outlining the central problem: […]

Zipursky and Goldberg, ‘Getting the Law Right: An Essay in Honor of Aaron Twerski’

ABSTRACT Written in honor of the great torts scholar Aaron Twerski, this article critically analyzes disturbing developments in New York negligence law as it applies to police who injure innocent bystanders. With the New York Court of Appeals’ 2022 decision in Ferreira v City of Binghamton as a focal point, it argues that Ferreira and […]

Satish Kumar Jain, ‘On the Efficiency of Liability Rules When Both Victims and Injurers Suffer Losses’

ABSTRACT In the context of the standard tort model of interaction between two parties, where it is assumed that in case of accident only one party suffers losses, efficient liability rules are characterized by the condition of negligence liability. The condition of negligence liability requires that whenever one party is negligent and the other nonnegligent, […]

Allan Hutchinson, ‘The Next Revolution? Negligence Law for the 21st Century’

ABSTRACT Donoghue’s neighbour is still the defining concept of Canadian tort law. Indeed, the whole history of modern negligence law can be reasonably understood as a concerted judicial effort to adapt and accommodate that principle to changing social, commercial and legal conditions. Now, 90 years later, it is perhaps time to recommend another revolution in […]

Young, Nagdee and Pieterse, ‘The dose-effect relationship in PTSD: the South African Constitutional Court Case of AK v Minister of Police (2022)’

ABSTRACT The decision of the South African Constitutional Court in AK v Minister of Police has implications for law enforcement agencies that fail the victims of crime. In this matter, the plaintiff sued the Minister and others for damages after officers had failed to rescue her from the perpetrator(s) of a protracted sexual assault and […]