Tort Liability
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Publisher :
Page : pages
File Size : 50,80 MB
Release : 1987
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ISBN :
Author :
Publisher :
Page : pages
File Size : 50,80 MB
Release : 1987
Category :
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Author : Patrick Kimuyu
Publisher : GRIN Verlag
Page : 13 pages
File Size : 16,43 MB
Release : 2017-11-21
Category : Medical
ISBN : 3668575908
Research Paper (postgraduate) from the year 2017 in the subject Health - Public Health, grade: 1.6, Egerton University, language: English, abstract: Tortuous liability is applied in healthcare in order to monitor claims and lawsuits arising from medical malpractices and negligence of their staff. Precisely, ‘tort’ refers to wrongful action committed by a person. The remedy to tort is damages, and this forms a part of the law of obligation. Currently, juries doctor program has made the principles of tortuous liability compulsory for their students. In this program, students learn the fundamental elements of tort liability in areas such as breach of duty, causation, negligence and defenses to liability. Tort liability in many healthcare setting is based on the conduct of personnel working at the facility as well as the organization itself. Tort law has mainly two objectives; deterrence and compensation. Seemingly, in 2002, the Australia tort laws went through major changes. Tort laws in Australia are divided into three groups namely; negligence torts, strict liability torts and intentional torts. Negligence torts refer to civil wrongs that occur due to one’s failure in exercising care against risk of known harm. Intentional torts are defined as deliberate action that results to harming a plaintiff. Classical example of intentional tort includes fraud and defamation. Strict liability torts impose accountability on a company that is not guilty of wrongdoing but its activities cause dangerous harm to the society despite taking the appropriate care. According to researchers, reasonable comprehension of tort can aid in minimizing the occurrence of tort liability. Risk managers have a duty of updating all the relevant organizations procedures and policies so as to meet the stipulated legal requirements. Any change in policy must be passed to the organizational staff in order to familiarize them with the incoming changes and probable effect on their daily activities. Therefore, this analysis focuses on the impact of reforms on tort law.
Author : Daniel P. Kessler
Publisher : Hoover Institution Press
Page : 0 pages
File Size : 14,84 MB
Release : 1999
Category : Insurance, Liability
ISBN : 9780817959623
Author : National Academy of Engineering
Publisher : National Academies Press
Page : 214 pages
File Size : 42,35 MB
Release : 1994-02-01
Category : Technology & Engineering
ISBN : 0309051304
Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.
Author : Robert E. Litan
Publisher : Brookings Institution Press
Page : 261 pages
File Size : 13,97 MB
Release : 2010-12-01
Category : Business & Economics
ISBN : 0815718446
The United States has recently witnessed an explosion of personal injury lawsuits involving medical malpractice, unsafe products, and widespread environmental hazards. Jury awards and out-of-court settlements have escalated in many cases to hundreds of thousands of dollars. At the same time, premiums for liability insurance have skyrocketed. As a result, physicians have cut back services and some municipalities and businesses have been denied liability coverage altogether. Some experts claim that only fundamental reform of the nation's civil justice system will end this "insurance crisis." But critics of such wholesale judicial reform contend that the insurance industry has launced a "tort reform" campaign to cover its own past underwriting mistakes. Liability brings together economists and experts in liability law and the insurance industry to assess the merits of the conflicting positions and to formulate sound public policy. Led by Robert Litan and Clifford Winston, the contributors describe the major changes that have contributed to the insurance crunch and set forth a methodological framework for evaluating the debate over the current liability system. They conclude that increases in premiums and cutbacks in coverage have been real but selective; that the forces in the judicial system responsible for rising liability costs are not readily subject to change; and that we know too little about the cost and benefits of the current tort system to replace it with an alternative compensation program.
Author : Russell M. Lewis
Publisher : Transportation Research Board National Research
Page : 52 pages
File Size : 11,20 MB
Release : 1983
Category : Law
ISBN :
Pre- and post-accident actions; trial preparation; loss mitigation program.
Author : J. W. Hall
Publisher :
Page : 88 pages
File Size : 33,8 MB
Release : 1994
Category : Highway law
ISBN :
Author : Ariel Porat
Publisher : Oxford University Press, USA
Page : 236 pages
File Size : 15,14 MB
Release : 2001
Category : Law
ISBN : 9780198267973
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
Author :
Publisher : Congressional Budget Office
Page : 52 pages
File Size : 21,47 MB
Release : 2003
Category : Business & Economics
ISBN :
A CBO Study. Attempts to clarify the issues and policy options surrounding the tort system. Presents an economic perspective on tort liability. Outlines the strengths and weaknesses of tort liability as a tool for promoting economic efficiency and fairness. Discusses the available data on the benefits and costs of the tort system. Analyzes in qualitative terms the likely effects of various policy options for altering the system. Makes no recommendations.
Author : W. Kip Viscusi
Publisher : Harvard University Press
Page : 296 pages
File Size : 33,67 MB
Release : 1991
Category : Business & Economics
ISBN : 9780674753235
Drawing on liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is has been developing for decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and an increase in lawsuits involving hazard warnings.