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Full-Text Articles in Law
Who Decides - Community Safety Conventions At The Heart Of Tort Liability, Patrick J. Kelley
Who Decides - Community Safety Conventions At The Heart Of Tort Liability, Patrick J. Kelley
Cleveland State Law Review
What we need is a uniformly accepted theory that explains the tort liability system in terms of its ultimate social function. The reason we don't have one, I will argue, is that our understanding of the tort liability system has been skewed by an earlier, flawed attempt at descriptive theory. Before embarking on a new search for a descriptive theory, we first ought to formulate a search plan, sometimes called, forbiddingly, a "theoretical methodology." Using John Finnis's social science methodology, we can identify the two halves of the focal case of tort liability: intentional battery and negligent infliction of personal …
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Cleveland State Law Review
As a practicing attorney involved in personal injury suits initiated as the result of railroad crossing accidents, the author of this article shares a sense of guilt with other trial attorneys for the unsettled and confusing legal ruins left by recent efforts to moderate the statutory interpretations applicable to railroad crossing accidents. The history of the contradictions in the development of railroad crossing law and an alternative statutory interpretation to resolve the inconsistencies evidenced by the courts is the subject of this article.
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Ohio Railroad Crossing Law: The Scope Of Liability, Donald P. Traci
Cleveland State Law Review
As a practicing attorney involved in personal injury suits initiated as the result of railroad crossing accidents, the author of this article shares a sense of guilt with other trial attorneys for the unsettled and confusing legal ruins left by recent efforts to moderate the statutory interpretations applicable to railroad crossing accidents. The history of the contradictions in the development of railroad crossing law and an alternative statutory interpretation to resolve the inconsistencies evidenced by the courts is the subject of this article.
Contributory Negligence In Medical Malpractice, Diane Shelby
Contributory Negligence In Medical Malpractice, Diane Shelby
Cleveland State Law Review
The best and most complete defense to a charge of malpractice is the allegation and proof of the absence of negligence. It is also the most often used defense. Of the less popular defenses, contributory negligence on the part of the patient is probably the least attractive and the most difficult to maintain, even though it has been held to be a complete bar to recovery in several cases difficult to categorize.
Bowling Alley Tort Liability, Matthew J. Koch
Bowling Alley Tort Liability, Matthew J. Koch
Cleveland State Law Review
Tort liability of the bowling alley proprietor or operator has become a common problem with the increased popularity of bowling. The two principal grounds upon which tort liability of the proprietor or owner may be predicated are negligence and nuisance.
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Cleveland State Law Review
As is readily apprehended, contributory negligence in the defense of a product liability action is a can of worms. But, if it is recognized that there is no such thing as "contributory negligence" and that the defense contemplated is that of abnormal, unintended, or unforeseen use, or is that of assumed risk, or that of lack of due care, then there may perhaps be order brought out of chaos. However, it is strongly suggested that even these defenses are, in the absence of uncontrovertible facts, no panacea for defendants. There are much better ways to beat a product liability claim …
Contributory Negligence Of Children, James H. Keet Jr.
Contributory Negligence Of Children, James H. Keet Jr.
Cleveland State Law Review
We will deal primarily with the child of tender years and will touch only briefly on the teen-ager in the field of contributory negligence. We will first examine the characteristics of younger children which the courts have emphasized in applying the doctrine of contributory negligence and then review the rationale underlying the way in which the courts have applied the doctrine to the child. We will find that the "capacity" of a child to be contributorily negligent has presented problems which are related to the standard of care which the child, if capable of contributory negligence, must observe in order …
Contibutory Negligence In Medical Malpractice, W. David Alderson
Contibutory Negligence In Medical Malpractice, W. David Alderson
Cleveland State Law Review
Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Cleveland State Law Review
The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.
Contributory Negligence In Product Liability, S. Burns Weston
Contributory Negligence In Product Liability, S. Burns Weston
Cleveland State Law Review
This article does not purport to be exhaustive. It does explore the extent to which classical defenses of contributory negligence, assumption of risk and their relative, "misuse of product," are available in product liability actions. Caveat: By the time this printer's ink is drysome of these applications may be available no longer.
Contributory Negligence In Europe, Huib Drion
Contributory Negligence In Europe, Huib Drion
Cleveland State Law Review
The Dutch law relating to contributory negligence is entirely judge made law, as it is in France and Belgium and in the other countries which have derived their civil codes from the Code Napoleon. We have here a good example of the advantage of the more elastic development of judge made law in the countries with codified laws, at least in the field of the law of torts.
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Cleveland State Law Review
What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …