Category Archives: Personal Injuries
Kurzban, Gallagher, Hill and Jaramillo, ‘Neither Goose Nor Gander: Why Tort Reform Fails All’
ABSTRACT The article cites reasons for the failure of tort reform in Florida. It discusses the proposed goals of the tort reform system and the legislature’s methods to accomplish those goals. Tort reform methods for limiting medical malpractice insurance premium lawsuits include statutory presuit process, the Florida Birth-Related Neurological Injury Compensation Plan, limitation of recovery […]
Mazzucco and Findlay, ‘Finding A Way Forward: Addressing Organizational Factors Contributing to Systemic Maltreatment in Canadian Sport’
ABSTRACT A range of investigations and empirical research confirms the scope and depth of maltreatment across sport. Legal liability for maltreatment in social institutions, such as sport organizations, has traditionally focused on the direct actions of the individual wrongdoer who perpetrates abuse and on the indirect or vicarious liability of the organization for its failure […]
‘Why we all need to collaborate on clinical negligence’
During Covid, we saw the very worst of pressure on the NHS: staff at their very best to provide care in impossible circumstances and patients at their most vulnerable trying to navigate their healthcare. In the clinical negligence field, we knew the impact this would have on our clients’ cases as doctors from all disciplines […]
‘Child Bound By Parents’ Arbitration Agreement with Amusement Park, Case #1′
Today, we have two separate posts on two very similar cases. The Headlees took their daughter, KH to an amusement part. This is the torts equivalent to ‘A guy walks into a bar’. To reduce any suspense about what I am about to narrate, I add that KH was played on ‘Wipeout’ an attraction at […]
Basu, Omotubora and Fox, ‘Autonomous delivery robots: a legal framework for infliction of game-theoretic small penalties on pedestrians’
ABSTRACT Autonomous delivery robots (ADRs) must share and negotiate for public and private space with pedestrians. Game theory shows that this requires making credible threats of inflicting at least small harms onto members of the public, which requires new legal justification. To this end, we argue that ADRs could be considered as pedestrians under existing […]
Chen Meng Lam, ‘Revisiting Loss of Chance in Medical Negligence: Employing Public Policy Positively as Justification’
ABSTRACT The loss of chance doctrine in medical negligence has triggered much controversy and debate across jurisdictions. Courts in various jurisdictions including England, Australia, the United States and Singapore have taken differing approaches toward the loss of chance doctrine. Despite the considerable debate surrounding the loss of chance doctrine, the state of law on this […]
‘Disney, Contracts of Adhesion, and Arbitration-Clause Bootstrapping’
Disney is in the news this week, and not in a good way. For the truly awful facts of the case, you can’t do better than Emily Crane’s and Alexandra Steigrad’s reporting in the New York Post here and here. In short, Dr Kanokporn Tangsuan had severe allergies. She ate in a Disney restaurant. She […]
Lawrence Friedman, ‘Work Accidents: A Drama in Three Acts’
In the early 1840s, Nicholas Farwell brought a lawsuit against his employer, the Boston & Worcester Rail Road. Farwell was an ‘engineman’ who earned two dollars a day. One day in 1837, he suffered an accident, was thrown to the ground, and the wheels of a railroad car passed over his right hand and crushed […]
Sandra Hadrowicz, ‘Natural Restitution in a Comparative Legal Perspective’
ABSTRACT Natural restitution is one of the permissible methods for remedying damage in numerous legal orders. However, this form of compensation is much less frequently used in practice than monetary compensation. While monetary compensation is a universally found method of reparation in major legal orders, the issue is more complex when it comes to natural […]
Sara Attinger and others, ‘Addressing the consequences of the corporatization of reproductive medicine’
ABSTRACT In Australia and the UK, commercialization and corporatization of assisted reproductive technologies have created a marketplace of clinics, products, and services. While this has arguably increased choice for patients, ‘choice’, shaped by commercial imperatives may not mean better-quality care. At present, regulation of clinics (including clinic-corporations) and clinicians focuses on the doctor-patient dyad and […]