Category Archives: Personal Injuries

‘Russell on Streetcar Torts’

“Thomas D Russell, University of Denver Sturm College of Law, has posted Blood on the Tracks: Turn-of-the-Century Streetcar Injuries, Claims, and Litigation in Alameda County, California: ‘Streetcars were great American tortfeasors of the turn-of-the-century, injuring approximately one 331 urban Americans in 1907. In this empirical study, I consider the entire run of streetcar injuries, claims, […]

‘Rectifying “Mistaken” Applications of the Mistake Doctrine to Personal Injury Releases’

Grace M Giesel, A New Look at Contract Mistake Doctrine and Personal Injury Releases, 19 Nevada Law Journal 535 (2018). When one enters into a contractual agreement with another, expectations are created on both sides. Party A expects to receive something from Party B, and Party B expects to receive something in return from Party […]

Benjamin McMichael, ‘Shifting Liability with Licensing: An Empirical Analysis of Medical Malpractice and Scope-of-Practice Laws’

ABSTRACT Medical malpractice liability plays an important role in the healthcare system, as evidenced by the many studies finding that changes in malpractice liability risk induce changes in the delivery and consumption of care. Importantly, the effect of malpractice liability depends on who is held liable, and recent developments in the healthcare system have clouded […]

‘The Dark Side of Childbirth: A Failure of Both Law and Medicine’

Elizabeth Kukura, Obstetric Violence, 106 Georgetown Law Journal 721 (2018). Recent reporting has drawn public attention to a crisis in US maternity care. Concerns include the extensive use of C-sections and other medical interventions in hospital births, high rates of maternal mortality and morbidity, racial disparities in maternal and fetal outcomes, and the increase in […]

Kate Denning, ‘Australian Personal Injury Case Review 2019’

ABSTRACT Denning Insurance Law’s Personal Injury Case Review provides a summary of 30 public liability, workers’ compensation and compulsory third party claim cases handed down across Australia in the period July 2017 to July 2019. Denning, Kate, Australian Personal Injury Case Review 2019 (July 24, 2019).

Michael Pressman, ‘Calculating Compensation Sums for Private Law Wrongs: Underlying Imprecisions, Necessary Questions, and Toward a Plausible Account of Damages for Lost Years of Life’

ABSTRACT The ubiquitous corrective-justice goals of ‘making a party whole’ or ‘returning a party to the position she was in’ are typically understood in monetary terms, and in this context it is fairly clear what these terms mean. If, as this Article argues, these corrective-justice goals should instead be understood in terms of something that […]

John Keeler, ‘Ruminations on Personal Injury Law Since 1960’

INTRODUCTION The first issue of the Adelaide Law Review came out in 1960, the same year that I began my undergraduate law course in England under the guidance of Arthur Rogerson. In the final term of my first year we studied torts, and I made my first acquaintance with Fleming on Torts, recommended by Arthur […]

Rob Heywood, ‘“If the Problem Persists, Come Back To See Me …” – An Empirical Study of Clinical Negligence Cases Against General Practitioners’

ABSTRACT The law of negligence, as it applies to General Practitioners (GPs), is underexplored in the literature. There has been no substantial research undertaken that has penetrated deeper into claims that have actually reached court in order to analyse judicial reasoning pertaining to both breach of duty and causation. Given the increased pressures that GPs […]

‘“With great power comes great responsibility” – contributory negligence post-Montgomery

“Regardless of whether one attributes this famous quote to Voltaire or Spider-Man, the sentiment is the same. Power and responsibility should be in equilibrium. More power than responsibility leads to decision-making with little concern for the consequences and more responsibility than power leads to excessive caution. This article argues that there is now a disequilibrium […]

Paul Strickland, ‘The Market For Torts: An Imperfect Alternative’

ABSTRACT This Note applies the theory of comparative institutional analysis to evaluate the trade-offs from permitting the assignability of personal injury tort claims and the sanctioning of markets in such claims. I assess the trade-offs for three aspects of the tort system: compensation for victims, deterrence of inefficient risk-taking, and judicial economy. I outline the […]