Torts Commons^™

Proving Racism: Gibson Bros. Inc. V. Oberlin College And The Implications On Defamation Law, Liam H. Mcmillin

University of Cincinnati Law Review

No abstract provided.

The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues

Georgia Journal of International & Comparative Law

No abstract provided.

Through The Backdoor: Manipulating Assumption Of Risk And Contributory Negligence To Apply In Texas Nonsubscriber Causes Of Action., Lara Brock, Javier Espinoza

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas’s nonsubscriber law precedence and interpretation directly conflict with the plain language and legislative intent of Texas Labor Code § 406.033. The purpose of § 406.033 is to protect injured workers and to encourage employers to subscribe to the state’s workers’ compensation system. Texas, however, allows employers to opt-out. Employers who elect to opt out of the workers’ compensation system are called “nonsubscribers.” By making this decision, nonsubscribers save on the cost of paying premiums for worker’s compensation, but potentially expose themselves to total liability against injured employees who can prove his or her employer breached one of their defined …

Malpractice In Scandinavia, Vibe Ulfbeck, Mette Hartlev, Mårten Schultz

Chicago-Kent Law Review

The article describes the special Scandinavian patient insurance system which secures compensation for patients in malpractice cases. For all practical purposes, the insurance based systems have replaced ordinary tort law rules in malpractice cases in Scandinavia. Thus, the basic feature of these systems is that proof of fault is not a requirement for obtaining compensation. Other criteria which are more favourable to the patient are applicable. The article concludes that in general the compensations systems have been successful in making it easier for the patients to obtain compensation. However, the systems also face challenges, some of which stem from the …

Medical Malpractice: The Italian Experience, Claudia Dimarzo

Chicago-Kent Law Review

Beginning with an investigation into the problematic nature of medical liability, the Article overviews the most significant approaches taken by courts and scholars in order to establish whether the physician's position before the patient is comparable with that of either a tortfeasor or a contractor.

Having explained that the most recent approaches in this regard tend toward the recognition of the contractual nature of medical liability, the Author discusses the implications of such a solution, making specific reference to the following issues: 1) the assignment of the burden of proof (along with the distinction between obligations of means and obligations …

The Fault Principle As The Chameleon Of Contract Law: A Market Function Approach, Stefan Grundmann

Michigan Law Review

This Article begins with a comparative law survey showing that all legal systems do not opt exclusively for fault liability or strict liability in contract law, but often adopt a more nuanced approach. This approach includes intermediate solutions such as reversing the burden of proof, using a market ("objective") standard of care, distinguishing between different types of contracts, and providing a "second chance" to breaching parties. Taking this starting point seriously and arguing that it is highly unlikely that all legal systems err, this Article argues that the core question is how and when each liability regime should prevail or …

Panel Discussion Of Section 402a

Touro Law Review

No abstract provided.

The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky

Touro Law Review

No abstract provided.

The Indeterminate Defendant In Products Liability Litigation And A Suggested Approach For Ohio, Rebecca J. Greenberg

Cleveland State Law Review

The problems created by mass marketing, unequal bargaining power, and hidden product hazards have necessitated major changes in products liability law during the past thirty years. Correspondingly, considerations of cost reduction, injury avoidance, and fair risk distribution are generally advanced as the policies behind the widespread acceptance gained by strict liability in the 1960's. A decade later, these considerations were applied to the problem of proof of causation faced by plaintiffs who could not identify the specific defendant who caused their injuries. A limited version of this problem had been considered earlier in the seminal case of Summers v. Tice, …

The Presumption Of Due Care And The Law Of Comparative Negligence, Michael A. Pellini

Villanova Law Review

No abstract provided.

Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel

Touro Law Review

No abstract provided.

Emerging Theories Of Proof In Products Liability: Resolving The Problem Of Identifying Des Manufacturers, Linda Mogul Madway

Villanova Law Review

No abstract provided.

Industry-Wide Liability: Solving The Mystery Of The Missing Manufacturer In Products Liability Law

Washington and Lee Law Review

No abstract provided.

A Modern Approach To The Legal Malpractice Tort, Kenneth G. Lupo

Indiana Law Journal

No abstract provided.

Evidence - Presumptions - Statutory Presumption Of Due Care In Wrongful Death Action, Francis X. Beytagh Jr.

Michigan Law Review

Consolidation of two actions arising from a multi-vehicle highway accident resulted in verdicts in both causes against appellants. One action was brought against appellants by the administratrix of a deceased driver under a wrongful death statute, and resulted in a verdict for the administratrix because of a statutory presumption of deceased's due care. The other action was a personal injury suit by a third party against appellants and the administratrix as co-defendants, and resulted in a verdict exonerating the deceased driver, despite circumstances raising an inference of his negligence. Appellants' motions for judgment notwithstanding the verdict and new trial were …

Negligence-Res Ipsa Loquitur-Presumption Of Management From Ownership-Unattended Automobile

Michigan Law Review

After the sound of a crash, the defendant's motortruck was found on the plaintiff's porch. Held, the doctrine of res ipsa loquitur was applicable.