Category Archives: Personal Injuries

‘Compensating Distress With A Stiff Upper Lip’

Eric Descheemaeker, Rationalising Recovery for Emotional Harm in Tort Law, 134 Law Quarterly Review 602 (2018). Tort compensation is often said to be governed by the make-whole principle – damages should compensate the successful plaintiff for all the losses she suffered as a result of the tort. Even if there is such a principle, it […]

Martin Allcock, ‘A corrective justice justification for considering the response of the hypothetical person of an “ordinary level of susceptibility” when assessing reasonable foreseeability in cases involving negligently inflicted psychiatric injury’

ABSTRACT The law has long been concerned with limiting recovery for pure psychiatric injury in negligence in order to prevent liability to plaintiffs who are unusually susceptible to this type of injury. The justifications provided by courts for this concern have often centred on the idea that holding a defendant liable to such a plaintiff […]

Geoffrey Palmer, ‘A Retrospective on the Woodhouse Report: The Vision, the Performance and the Future’

ABSTRACT The following is a revised version of the second Woodhouse Memorial Lecture given at both the Victoria University of Wellington and the University of Auckland in September 2018. It traces the history and policy iterations of New Zealand’s accident compensation scheme that flowed from the 1967 Woodhouse Report (the Report), a Royal Commission report […]

Luke Haqq, ‘The Impact of Roe on Prenatal Tort Litigation: On the Public Policy of Unexpected Children’

ABSTRACT This article provides a history of especial importance to abortion politics today, based on research involving a dataset of over 1,200 wrongful conception, wrongful birth, wrongful life, and standard torts for prenatal injuries. In documenting the rise of these torts over the twentieth century, I specifically focus on how this domain of litigation dramatically […]

Andrea Mulligan, ‘A vindicatory approach to tortious liability for mistakes in assisted human reproduction’

ABSTRACT Mistakes in assisted human reproduction procedures such as IVF, egg, sperm and embryo donation are surprisingly common, but tortious liability for such mistakes has not been addressed in the courts of England and Wales, or Ireland. This paper presents an argument in favour of a vindicatory approach to tortious claims arising from mistakes, where […]

‘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).