Category Archives: Personal Injuries

Mark Forwood, ‘Whither no-fault schemes in Australia: Have we closed the care and compensation gap?’

Abstract No-fault compensation in New Zealand, the Woodhouse report and statutory reforms to civil liability motivated consideration of no-fault schemes in Australia. In 2011, the Productivity Commission recommended adoption of a National Injury Insurance Scheme. Since 2016, the NDIS has developed nationally, followed by variations of the NIIS for motor vehicle and workplace accidents. Compensation […]

Trish O’Sullivan and Kate Tokeley, ‘Consumer Product Failure Causing Personal Injury Under the No-Fault Accident Compensation Scheme in New Zealand – a Let-off for Manufacturers?’

Abstract This article examines how the no-fault accident compensation system in New Zealand operates to relieve manufacturers from liability to consumers for product failures which cause personal injury or death. The state-run accident compensation scheme pays compensation to persons who suffer ‘personal injury by accident’ and bars claims for compensation from the party at fault. […]

Šustek and Holčapek, ‘Alternative Dispute Resolution in Medical Malpractice Disputes’

Abstract Alternative dispute resolution (ADR) is a category comprising various techniques which enable the parties to resolve their conflicts out of the highly formalized judicial proceedings. In many legal systems, ADR is an increasingly popular set of legal instruments to resolve disputes because of its cost-effectiveness and time-effectiveness, flexibility, confidentiality and respect for unique aspects […]

‘When Cars are the Drivers: Tort Law in the Fourth Industrial Revolution’

Kenneth S Abraham and Robert L Rabin, Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era, 105 Virginia Law Review (forthcoming 2019), available at SLS. Now that self-driving vehicles roam the roads and have already caused injury and death, many talented torts scholars are reviewing the role of tort […]

Special number on Road Accident compensation (Wake Forest Law Review, 2018, volume 53 no 2)

Extra-Strict Liability for Traffic Accidents in France (Jean-Sebastien Borghetti) When Cars Crash: The Automobile’s Tort Law Legacy (Nora Freeman Engstrom) The Regulatory Sweet Spot for Autonomous Vehicles (Mark A Geistfeld) A Comparative Analysis of Traffic Accident Systems (Ernst Karner) From Fault-Based to Strict Liability: A Case Study of an Overpraised Reform (Ronen Perry) € (Hein […]

‘It’s the Punitive Damages, Stupid’

“There’s a compelling (yet terrifying) new ‘must-see’ documentary now streaming on Netflix called ‘The Bleeding Edge’. Here’s the Los Angeles Times’ lead paragraph about it: ‘If body-horror auteur David Cronenberg had dramatized any of the nightmarish stories in Kirby Dick and Amy Ziering’s medical documentary The Bleeding Edge, you wouldn’t hesitate to call it a […]

Baker and Silver, ‘How Liability Insurers Protect Patients and Improve Safety’

Abstract Forty years after the publication of the first systematic study of adverse medical events, there is greater access to information about adverse medical events and increasingly widespread acceptance of the view that patient safety requires more than vigilance by well-intentioned medical professionals. In this essay, we describe some of the ways that medical liability […]

Lars Noah, ‘Doctors on the Take: Aligning Tort Law to Address Drug Company Payments to Prescribers’

Abstract The pharmaceutical and medical device industries aggressively market their wares to health care professionals, and the giving of gifts has become a central feature of this process. Most observers regard financial incentives tied to the use of specific therapeutic products as ethically impermissible, and various institutions have tried combating inappropriate gifts and payments to […]

Galasso and Luo, ‘How Does Product Liability Risk Affect Innovation? Evidence from Medical Implants’

Abstract Liability laws designed to compensate for harms caused by defective products may also affect innovation incentives. This paper examines this issue, exploiting a major quasi-exogenous increase in liability risk faced by US suppliers of polymers used to manufacture medical devices implanted in human bodies. Difference-in-differences analyses suggest that the surge in liability risk had […]

Douglas Brodie, ‘Employers’ Liability and Allocation of Risk’

Introduction The common law has long taken the view that the employment relationship gives rise to an affirmative duty to protect employees against the risks of employment. The duty acknowledges the employee’s vulnerability and is deeply engrained but, from the employee’s perspective, is subject to very significant limitations. Somewhat counter-intuitively, the risk of psychiatric harm […]