Category Archives: Personal Injuries

‘Strict Liability is Dead, Long Live Strict Liability?’

“Anyone practising in employer’s liability personal injury litigation will be familiar with the strict approach to liability for work equipment imposed by the Provision and Use of Work Equipment Regulations 1998 (‘PUWER’). Regulation 5 of PUWER imposed strict liability in relation to defective equipment, arising from the extremely well-known decision in Stark v Post Office […]

Chris Reinders Folmer, ‘Experimental Approaches to Private Law: The Case of Redressing Personal Injury’

ABSTRACT The inherent variability of cases in legal practice places important constrains on the conclusions that can be drawn from observations in actual litigation. Experimental approaches provide a powerful tool for legal scholars and policy makers to counter such limitations. Experimental approaches examine legal questions by means of laboratory or field experiments, which simulate litigation […]

‘Contributory Negligence in Road Traffic Accidents: Seatbelts and Drunk Drivers’

“Findings of contributory negligence against passengers who fail to wear a seatbelt and those who voluntarily get into a car with a driver under the influence of alcohol or drugs are commonplace. This blog aims to set out the underlying principles for quantifying the appropriate deduction to make in either case and to consider the […]

Gong, Guo and Wang, ‘Shareholder Litigation and Workplace Safety’

ABSTRACT Using the staggered state adoption of Universal Demand (UD) law that lowers shareholder derivative litigation risk to identify the impact of shareholder litigation on workplace safety, we find that weakened shareholder litigation rights compromise workplace safety. The impact is more pronounced for firms with weak governance, in less competitive, low union coverage, or low […]

Maytal Gilboa, ‘The Color of Pain: Racial Bias in Pain and Suffering Damages’

ABSTRACT For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff’s race when calculating compensatory tort damages, and they do so […]

Alexandra Foulkes de la Parra, ‘Genetic Villains’

ABSTRACT When a little boy’s doctors relied on his genetic test results to guide their treatment, they opted for medicines that eventually killed him. The lab that generated the genetic test results knew, at the time of the report, that these results might have meant something other than what was communicated to the doctors. Had […]

Kate Denning, ‘Public Liability Case Review 2021’

ABSTRACT This paper provides a concise summary of 10 key Australian public liability decisions handed down in 2019-2021. Denning, Kate, Public Liability Case Review 2021 (March 11, 2021).

Shailaja Nadarajah, ‘Student Suicide On-Campus: Tort Liability of Canadian Universities and Determining a Duty of Care’

ABSTRACT Suicide is a devastating issue that is increasingly affecting post-secondary students across Canadian university campuses. Despite growing awareness of this problem, research shows that mental health supports for post-secondary students in Canada remain insufficient and inaccessible. This paper argues that the law is also lagging behind. Currently, no legal recourse exists to find universities […]

Matthew Wansley, ‘The End of Accidents’

ABSTRACT In the next decade, humans will increasingly share the roads with autonomous vehicles (AVs). The deployment of AVs has the potential to dramatically reduce the frequency and severity of motor vehicle crashes. Existing liability rules give companies developing AVs insufficient incentives to develop that potential. Data from real-world autonomous driving indicates that today’s most […]

‘Causation in Occupational Cancer Claims: An Overview’

“The law adopts a nuanced approach to causation in occupational cancer claims. Practitioners dealing with such claims must be alive to the distinctions and difficulties that may arise in this area. This post provides an overview of the application of the different tests for causation, when they apply and their practical implications on case preparation […]