Category Archives: Personal Injuries

Dylan Moore, ‘Striking a New Grand Bargain: Workers’ Compensation as a Social Safety Net’

ABSTRACT States have responded to COVID-19’s ongoing workplace disruptions with myriad workers’ compensation policy changes. While some states have extended presumptions of coverage to a large swath of workers who are at risk of contracting COVID-19 on the job, others have been far more measured or have declined to meaningfully change their policies. In contemplating […]

ACL Davies, ‘Stress at Work: Individuals or Structures?’

ABSTRACT Stress is a significant practical problem in modern workplaces. According to the Health and Safety Executive (HSE), more than half of all working days lost to ill health each year are attributed to stress, depression or anxiety. This article offers an overview of the occupational psychology literature on workplace stress, focussing on the job […]

‘Clinical Negligence Cases: When the Bolam Test Does Not Apply’

“The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR […]

Catherine Sharkey, ‘Valuing Black and Female Lives: A Proposal for Incorporating Agency VSL into Tort Damages’

ABSTRACT Federal agencies adopt a uniform VSL (value of statistical life) – one that does not vary according to demographic characteristics – in conducting cost-benefit analyses in connection with regulatory policy decisions. In sharp juxtaposition, the use of race- and gender-based statistics on wages and work-life expectancy in calculating tort wrongful death damage awards is […]

‘Fundamental Dishonesty in Pursuing a Loss of Earnings claim: “It Is Not Necessary For The Purpose Of This Case For The Court To Determine Whether Psychic Powers Exist””

“I am grateful to barrister Brian McCluggage for sending me a copy of the judgment of HHJ Backhouse in Amdur v Krylov (13/04/21) a copy of which is available here. The judge found the claimant had been dishonest in pursing a claim for loss of earnings as a psychic …” (more) [Gordon Exall, Civil Litigation […]

‘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 […]