Category Archives: Negligence

Margaret Allars, ‘Private Law Remedies and Public Law Standards: An Awkward Statutory Intrusion into Tort Liability of Public Authorities’

INTRODUCTION … To appreciate the impact of administrative law standards on private law liability of public authorities, consideration is given in Part II to the common law and policy background into which the statutory intervention intruded. Part III describes the recommendations for reform that led to the introduction of the statutory limitation upon tort liability […]

Karni Chagal, ‘How Can I Tell If My Algorithm Was Reasonable?’

ABSTRACT Self-learning algorithms are gradually dominating more and more aspects of our lives. They do so by performing tasks and reaching decisions that were once reserved exclusively for human beings. And not only that – in certain contexts, their decision-making performance is shown to be superior to that of humans. However, as superior as they […]

Cowen and Mitchell, ‘Legal Liability and COVID-19 Recovery’

ABSTRACT As hope of a quick end to the COVID-19 pandemic fades, both policymakers and analysts are shifting focus to restarting the economy. As of late April, more than 26 million Americans had filed for unemployment. Estimates of the cost of every month of partial shutdown are as high as $1.07 trillion in forgone GDP […]

Katharine Baird Silbaugh, ‘The Legal Design for Parenting Concussion Risk’

ABSTRACT This Article addresses a question as yet unexplored in the emerging concussion risk literature: how does the statutorily assigned parental role in concussion risk management conceptualize the legal significance of the parent, and does it align with other areas of law that authorize and limit parental risk decision-making? Parents are the centerpiece of the […]

‘Informed Consent: Where are we now?’

“In Montgomery v Lanarkshire Health Board [2015] 1 AC 1430; [2015] UKSC 15, the Supreme Court held: ‘[87] The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test […]

Shestak and Savenkova, ‘Improvement of Legal Responsibility in the Field of Personalized Medicine’

ABSTRACT The authors consider the emerging mechanism of legal regulation of personalized medicine. Its current problems in the field of ensuring biological safety are being studied: confidentiality, danger of discrimination, and features of relations between a doctor and a patient that entail legal liability. Shestak, Viktor and Savenkova, Polina, Improvement of Legal Responsibility in the […]

Mary Jo Maur, ‘Case Comment on the Supreme Court Decision in Rankin (Rankin’s Garage and Sales v JJ: Foreseeability and Vision)’

ABSTRACT The Supreme Court’s 2018 decision in Rankin v JJ is the high court’s latest word on the Torts analysis in Canadian law. This case comment suggests that the majority decision of Karakatsanis, J has collapsed the duty of care and remoteness steps. In doing so, the Court may even have rendered discussions of remoteness […]

‘The Historical Evolution of Negligent Infliction of Emotional Distress’

“This article examines the history of negligent infliction of emotional distress (NIED) and mental anguish jurisprudence. The courts have historically been reluctant to allow for recovery of emotional injury in the absence of physical injury. To this day, tort law continues to distinguish sharply between physical harm and emotional harm, with emotional harm being the […]

‘Pandemic leads to “unthinkable” in medical malpractice in NY’

“ALBANY – Every day, doctors, nurses and other health care professionals across New York risk potentially deadly exposure to COVID-19 as they work the front lines to treat coronavirus patients. But they do not risk exposure to medical malpractice or other legal liability under New York state law – even if they make errors that […]

‘Clinical Negligence: Birth Injury Claim’

“Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on […]