Category Archives: Personal Injuries

Matti Urho, ‘Compensation for Drug-Related Injuries’

Abstract The purpose of this article is to answer the following question: What are the qualifications required of a viable compensation scheme for drug-related injuries in the future? To answer this question the no-fault systems in four Nordic states are examined and compared to other systems fully or partially arranged on no-fault principles in Europe […]

Michael Duff, ‘How the US Supreme Court Deemed the Workers’ Compensation Grand Bargain ‘Adequate’ Without Defining Adequacy’

Abstract During the second and third decades of the twentieth century, the US Supreme Court issued a handful of opinions rejecting 14th Amendment constitutional challenges by employers to implementation of workers’ compensation statutes in the United States. Unknown to many, the statutes were largely the fruit of privately-sponsored investigations, principally by the Russell Sage Foundation […]

Medical Litigation Conference, NUI Galway, Saturday 20th October, 9am-4.30pm

The School of Law NUI Galway and Dr Stephen Kearns, Consultant Orthopaedic Surgeon, Bon Secours Hospital, Galway, are delighted to host a one-day conference on medical negligence litigation at NUI Galway on Saturday 20th October, 2018. The conference is aimed at medical and legal practitioners and will address key issues in medical negligence … (more)

Nora Freeman Engstrom, ‘When Cars Crash: The Automobile’s Tort Law Legacy’

Abstract Everyone understands that the invention of the automobile has had a profound effect on daily life in America. It has transformed our workplaces, altered our neighborhoods, and radically changed our environment. But cars have never been perfectly safe, and, as the years have passed, injuries and fatalities have mounted. This Article contends that, just […]

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 […]