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Full-Text Articles in Law
Res Ipsa Loquitur In The Restatement (Third) Of Torts: Liability Based Upon Naked Statistics Rather Than Real Evidence, Daniel J. Pylman
Res Ipsa Loquitur In The Restatement (Third) Of Torts: Liability Based Upon Naked Statistics Rather Than Real Evidence, Daniel J. Pylman
Chicago-Kent Law Review
Using the doctrine of res ipsa loquitur, courts have accounted for the fact that there may be instances where a plaintiff is unable to present any evidence of a specific negligent act or omission and yet where the injury to the plaintiff and the surrounding circumstances suggest that the defendant did in fact negligently cause the injury. Despite the fact that the doctrine of res ipsa has been well-accepted by American courts, the courts have struggled to appropriately formulate the doctrine so as to achieve its important purpose of allowing recovery in appropriate situations while not formulating it so …
Choices Should Have Consequences: Failure To Vaccinate, Harm To Others, And Civil Liability, Douglas S. Diekema
Choices Should Have Consequences: Failure To Vaccinate, Harm To Others, And Civil Liability, Douglas S. Diekema
Michigan Law Review First Impressions
A parent’s decision not to vaccinate a child may place others at risk if the child becomes infected and exposes others to the disease. Should an individual harmed by an infection transmitted from a child whose parents chose to forgo vaccination have a negligence claim against those parents? While I do not hold a legal degree and therefore cannot speak directly to issues of law, as a physician and ethicist it seems to me that the basic elements that comprise negligence claims—harm, duty, breach of duty, and causation—are met in some cases where parents forgo vaccination.