Tort reform

Lau and Johnson (2014a) explain that “a tort is any legally recognizable injury arising from the conduct or non-conduct . . . of persons or corporations” (para.3). Regardless of intent, the tort system attempts to make the injured party whole when individuals breach this duty of reasonable care; and employers can be held accountable for their employees’ torts by way of the respondeat superior doctrine. Respondeat superior, a type of vicarious liability…

Judgment Notwithstanding the Verdict A judgment notwithstanding the verdict was requested for Cody, through his guardian, in 2007. The jury will have to decide whether the Taurus was a proximate cause of the injuries that Cody sustained. The amount of the award given could vary, depending on whether or not the court renders judgment in Cody’s favour. In addition Stark could call for a new trial under the premise that the previous court had erred in its decision. Negligent Conduct Another…

When you decide to sue the person or company responsible for your injury your case may either go to trial or it may be settled outside of court. At a trial, your settlement is decided by a jury but outside of court you have the opportunity to negotiate a settlement offer. Even though you have the opportunity to negotiate your settlement, there is no guarantee that the amount will be higher. Your settlement for your personal injury claim can be low regardless of whether you decide to go to trial…

Re: Duty of Care The plaintiff suffered a serious and incurable herpes-like virus as a result of SA Fisheries not shutting down the abalone farm on the 11th of January. In establishing that the defendant owed a duty of care, the plaintiff must prove, • On the balance of probabilities that it is, • Reasonable to impose such a duty upon harm caused, • By the criminal conduct of a third party. Reasonable Foreseeability To impose a duty, it must first be asked whether it was not farfetched or…

The test for vicarious liability for sexual assaults and harassment is set out by MacLachlin J in Bazley v Curry and affirmed in Jacobi v Griffiths. To find vicarious liability, the Court must determine whether there is "a strong connection between what the employer was asking the perpetrator employee to do (the risk created by the employer's enterprise) and the wrongful act. It must be possible to say that the employer significantly increased the risk of the harm by putting the perpetrator…

Like the victim in Hinman, Joanie Blake will prove that Charles Harvey is liable for the damages sustained by Blake, based on the “direct and immediate” behavior of Harvey’s dogs (Lewellin 62). The said behavior led directly to Blake incurring significant injuries. The liability Harvey faces is reinforced by the Minnesota Statute that states, If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog…

For laws pertaining to legal requirements at the scene of an emergency, one should be familiar with a state’s Good Samaritan statutes. In the state of Nebraska, “No person who renders emergency care at the scene of an accident or other emergency gratuitously, shall be held liable for any civil damages as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for medical treatment or care for the injured…

The “innocent third-party rule” no longer exists in Michigan — at least until the state Legislature decides to create one, the Michigan Court of Appeals has declared in Bazzi v Sentinel Ins Co (Docket No. 320518). As a result, innocent third parties — including medical providers who treat persons injured in car crashes — are not entitled to reimbursement for their services when a no-fault policy was allegedly obtained through fraud, although they were not involved in the purported fraudulent…

THE FUTURE OF PSYCHIATRILC INJURY CLAIMS- A DEVELOPING AREA OF LAW: The case of W v Essex CC and another2000WLR gives an indication that the house of lords is now prepared to contemplate extending the scope of duty of care in special circumstances and that law in this area is still developing. It is useful to consider this case in detail. The claimants ere appointed specialist adolescent frostier carers by the defendant council and they had explained, when they were approved by the council that…

1. A Torts are civil law suits; we differ between four torts of privacy. False light describes the act of making a person seem in the public eye like somebody they are not. You can do that by giving out false information about this person for example. There are several states that don’t allow false light suits, simply because they are hard to prove. Appropriation is another tort of privacy and describes the use of a person’s name to advertise something, without having the person’s permission.…