Category Archives: Personal Injuries

Vansweevelt, Lierman and Buelens, ‘No-fault Law on Medical Accidents in Belgium: An Evaluation after Six Years’

ABSTRACT After many years of criticism of the medical malpractice system based on negligence, Belgium introduced a law on medical accidents in March 2010. This law created a Medical Accidents Fund. Under this two-track system the victim of a medical accident has the choice to file a claim before the court or to seek compensation […]

Michael Duff, ‘Post-Traumatic Stress Disorder (PTSD) Coverage and other Expanding Benefit Changes in the Workers’ Compensation Insurance Marketplace: Academic Legal Perspective’

ABSTRACT This paper discusses the increased use of causation presumptions in workers’ compensation cases involving firefighters and other first responders. It also considers increasing workers’ compensation coverage of post traumatic stress disorder with respect to those same categories of workers. The paper discusses how workers’ compensation coverage of certain conditions tends to parallel the growth […]

Pieter Gillaerts, ‘Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited’

ABSTRACT The question on the role of the law, particularly tort law, in combating legal but potentially lethal products and services is inseparable from the broader issue of the ongoing instrumentalisation of the law. Increasingly used to pursue goals other than its primary aim of compensation, tort law is no exception to the general trend […]

Samoy, Borucki and Keirse, ‘The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour’

ABSTRACT Can tort law play a significant role in the Dutch and Belgian legal systems in the legal fight against damage caused by smoking behaviour? This contribution looks into the compensatory function of tort law. It examines the possibility of compensating victims of damage related to the use of tobacco products. Central to that inquiry […]

‘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, […]