Liability For Injuries Research Articles

LIABILITY FOR DEATH OR INJURY CAUSED BY FALLING TREES OR BRANCHES: A REVIEW OF THE PRESENT POSITION UNDER ENGLISH LAW IN RELATION TO TREE SAFETY INSPECTION

Summary This paper provides a brief review of relevant statutes, discusses a potentially important non-statutory text, and summarises cases of interest, including cases not involving trees but nevertheless considered relevant. It is apparent that the body of English case law on liability for death or injury from falling trees and branches is both surprisingly consistent and also is susceptible to classification under four headings: remoteness of tree, hidden defects causing failure (involving both inspected and uninspected trees), trees that should have been inspected but were not, and trees that had been inspected but where this was inadequately done relative to what was held to have been required. The first two heads see no attachment of liability, the latter two favour the plaintiff.

Robust Loss Development Using MCMC

A Bayesian model of developing aggregate loss triangles in property casualty insurance is introduced. This model makes use of a heteroskedastic and skewed t-likelihood with endogenous degrees of freedom, employs model averaging by means of Reversible Jump MCMC, and accommodates a structural break in the consumption path. Further, the model is capable of incorporating expert information in the calendar year effect. The model, which has been compiled into the R package lossDev, is applied to two widely studied General Liability and Auto Bodily Injury Liability loss triangles.

Does asymmetric information matter in the early insurance market? Evidence from the auto insurance market†

In the late 1960s, the performance of automobile insurance declined dramatically in Japan in spite of rapid growth in the diffusion rate, and the premiums were sharply raised several times in order to improve the situation. This observation indicates the possible presence of adverse selection (death spiral), and provides an ideal situation for assessing informational asymmetry. Using bodily injury liability (BIL) insurance data from 46 Japanese prefectures over the period 1966 to 1975, this article tests two hypotheses of adverse selection: (i) high-risk drivers were more likely to join the BIL insurance market and (ii) sharp premium increases drove low-risk policyholders away. Various empirical analyses show that there is little evidence for either type of adverse selection. We also test whether a risk-misperception hypothesis can explain our results, and find some evidence that the population density have a significantly positive impact on the demand for BIL insurance. † An earlier version of this article was circulated under the title, ‘Does Asymmetric Information Matter in the Early Insurance Market? Evidence from the Japanese bodily injury liability insurance market, 1966–1975

New state liability exceptions for agritourism activities and the use of liability releases

Agritourism activities have gained importance as a mechanism for some farmers to broaden their sources of income. As businesses have pursued agritourism activities, they have been concerned about liability for personal injuries of participants. In some states, providers of agritourism activities have presented legislators with ideas for an agritourism statute to limit liability for injuries resulting from inherent risks. Four new agritourism statutes have been enacted, while six other states have adopted alternative liability provisions that may apply to some agritourism providers. The agritourism statutes provide an affirmative defense to providers to eliminate liability for inherent-risk injuries. An analysis of the statutory provisions shows legislatures making choices on the assignment of liability for accident injuries and the ability of providers to obtain releases from negligence. Because the agritourism statutes impose prerequisites and do not stop meritless lawsuits, they do not offer much assistance to agritourism providers. An evaluation of policy issues suggests that legislatures might consider additional options to address agritourism providers’ concerns.

Insurance policy endorsement clause read narrowly in rock band name dispute

The US Court of Appeals for the Ninth Circuit reversed the dismissal of a breach of insurance policy claim, holding that a Field of Entertainment Endorsement clause excluding liability for entertainment-related injury did not limit the obligation of the insurance company to defend an insured reunited rock band where liability of the band could potentially arise from claims of trade mark infringement because of allegedly infringing promotional merchandise and certain alleged reputational injuries to an ex-band member.

Retrofitting Tractors with Rollover Protective Structures: Perspective of Equipment Dealers

This study was one of a cluster of studies that originated via requests for proposals from the NIOSH National Agricultural Tractor Safety Initiative. The present study design consisted of several steps: (1) formation of an advisory group, (2) development and testing of a standard paper self-responding survey instrument, (3) sample selection of farm equipment dealers, (4) administration of the survey, (5) assessment and analysis of the survey, and (6) in-person response panel of dealers (n = 80) to review results of the questionnaire for further definition and sharpening of the recommendations from the survey. A key finding is that most dealers do not currently sell or install ROPS retrofit kits. Barriers cited by dealers included (1) actual or perceived lack of farmer demand, (2) injury liability, (3) expensive freight for ordering ROPS, (4) lack of dealer awareness of the magnitude of deaths from tractor overturns and the high life-protective factor of ROPS, and (5) difficulty and incursion of non-recoverable expenses in locating and obtaining specific ROPS. Despite not currently selling or installing ROPS, dealers responded favorably about their future potential role in ROPS promotion and sales. Dealers were willing to further promote, sell, and install ROPS if there was demand from farmers. Recommendations include establishing a ROPS "clearing house" that dealers could contact to facilitate locating and obtaining ROPS orders from customers. Additional recommendations include education and social marketing targeting farm machinery dealers as well farmers, manufacturers, and policy makers.

Drug Preemption and the Need to Reform the FDA Consultation Process

The scope of product liability for prescription drug injuries is a highstakes matter. As the recent Vioxx litigation illustrates, drug manufacturers can face numerous lawsuits when users are injured by risks discovered only after the drug reaches the market. The extent to which Food and Drug Administration (FDA) decisions preempt tort liability has emerged as a major issue. The agency itself has issued a policy that favors preemption when a drug manufacturer consults with the agency about a new risk. The Supreme Court has found liability preempted for medical devices based on an express preemption provisions and is expected to make an important ruling on drug preemption this term in Wyeth v. Levine. Some believe that the Court will rule in favor of preemption even though there is no express statutory provision for drugs.

Mercury General Corp.

AbstractInsurance (MIC: SIC: 6331 NAIC: 524126)Mercury General and its subsidiaries are engaged primarily in writing automobile insurance in a number of states, principally California. Co. provides a range of coverage to automobile policyholders, including bodily injury liability, underinsured and uninsured motorist, personal injury protection, property damage liability, comprehensive, collision, and other hazards. Co. also provides homeowners, mechanical breakdown, commercial and dwelling fire, and commercial property insurance. As of Dec 31 2007, Co. sold its policies through more than 4,500 independent agents and brokers, of which approximately 1,000 are located in each of California and Florida.

Avoid or Compensate? Liability for Incidental Injury to Civilians Inflicted During Armed Conflict

Under international law, civilians suffering injuries that are incidental, that is unintentional and proportionate, to a lawful attack on a military objective, are left to bear the cost of their losses. In recent years there have been calls for a change in policy, which would entitle victims of military attacks to compensation, even if their losses sustained are incidental and non-fault based. Such a quasi-strict liability rule, while morally laudable, is likely to disrupt the existing balance of powers and interests under the laws of armed conflict and therefore requires close examination. This article begins with an exploration of the conceptual basis for such an obligation, which informs the scope of arguments in support of and opposition to the proposal. It then examines the effect of a strict liability rule on the conduct of parties to a conflict, taking into account that for individual victims, avoidance is always preferable to compensation. This examination is based on an economic analysis. A final question is how to ensure that the liability of the injuring party translates into an effective mechanism for securing compensation. The article concludes that if the moral commitment to victims justifies a strict liability rule, considerations of utility require and can be met with a fine-tuning of the obligation and its implementing mechanisms

Mercury General Corp.

AbstractInsurance (MIC: SIC: 6331 NAIC: 524126)Mercury General and its subsidiaries are engaged primarily in writing automobile insurance in a number of states, principally California. Co. provides a range of coverage to automobile policyholders, including bodily injury liability, underinsured and uninsured motorist, personal injury protection, property damage liability, comprehensive, collision, and other hazards. Co. also provides homeowners, mechanical breakdown, commercial and dwelling fire, and commercial property insurance. As of Dec 31 2007, Co. sold its policies through more than 4,500 independent agents and brokers, of which approximately 1,000 are located in each of California and Florida.

Skatepark as Neoliberal Playground

More than 2,000 skateboard parks have been built in the United States over the past decade. Although these parks are a response to community demand, many cities have provided these facilities on certain neoliberal conditions. As a review of parks management literature reveals, cities assume no liability for injuries and expect skateboarders to secure private funding; urban managers also expect skateboarders to display character traits of personal responsibility and entrepreneurial-ism. This is in contrast to Progressive Era playgrounds, where cities completely financed playgrounds and took responsibility for personal safety; urban managers also sought to inculcate values of loyalty, which they viewed as necessary in an increasingly bureaucratized society. The comparison highlights how the skatepark can be viewed as an instance in which neoliberal governance practices have reconfigured the citizen—state relationship from one of entitlement to one of contractualism.

Employers' Liability at Common Law: Two Competing Paradigms

A. INTRODUCTION B. CONCURRENT LIABLITY (1) Duty of care and physical injury (2) Duty of care and economic loss (3) Duty of care and other legal incident (4) Resolving the conflict: a principled way forward? C. COULD CONTRACT PERFORM THE SAME FUNCTION AS DELICT? (1) Employers’ liability for psychiatric injury (a) Restricting liability under the contractual trust paradigm (b) Subjectivity and objectivity (c) Conduct-focus and injury-focus (d) Liability for nervous shock (2) Employers’ liability more generally (a) Liability for individual acts of negligence (b) Contributory negligence in contract (c) Vicarious liability (d) The relationship with express contractual terms (e) The protection of casual workers D. CONCLUSION

Mercury General Corp.

AbstractInsurance (MIC: 8.2 SIC: 6331 NAIC: 524126)Mercury General and its subsidiaries are engaged primarily in writing automobile insurance in a number of states, principally California. Co. provides a range of coverage to automobile policyholders, including bodily injury liability, underinsured and uninsured motorist, personal injury protection, property damage liability, comprehensive, collision, and other hazards. Co. also provides homeowners, mechanical breakdown, commercial and dwelling fire, and commercial property insurance. As of Dec 31 2007, Co. sold its policies through more than 4,500 independent agents and brokers, of which approximately 1,000 are located in each of California and Florida.

The Cost and Other Advantages of an Early Offers Reform for Personal Injury Claims Against Business, Including for Product Liability

Many observers have concluded that the personal injury liability litigation system (including for product liability) needs improvement. Such cases are extremely complicated, requiring proof of the defendant’s faulty conduct or product cause injury, and determination of not only economic but noneconomic damages. Some claimants who are injured through another’s fault receive significant awards or settlements, but almost always after long delay. In addition, the current system entails formidable transaction costs, so that substantial shares of the liability insurance premium dollars go to litigation expenses on both sides. Although some states have enacted product liability reforms, such as statutes of repose, the “early offers” reform reported on here should have a much more fundamental effect on liability litigation than such reforms. The analysis presented indicates that the early offers system is likely to generate significant savings, including a reduction in attorneys’ fees for both sides. These savings should allow a substantial reduction of premiums for such personal injury liability insurance. Ultimately, injured parties, providers of goods and services, consumers, employers and the public generally should benefit from the reform.

Mercury General Corp.

AbstractInsurance (MIC: 8.2 SIC: 6331 NAIC: 524126)Mercury General and its subsidiaries are engaged primarily in writing automobile insurance in a number of states, principally California. Co. provides a range of coverage to automobile policyholders, including bodily injury liability, underinsured and uninsured motorist, personal injury protection, property damage liability, comprehensive, collision, and other hazards. Co. also provides homeowners insurance, mechanical breakdown insurance, commercial and dwelling fire insurance, and commercial property insurance. As of Dec 31 2006, Co. sold its policies primarily through independent agents and brokers.

Personal Inviolability and 'Private Law'

Personal Inviolability and 'Private Law'

Unintentional Injuries in a Twin Study of Preschool Children: Environmental, Not Genetic, Risk Factors

To analyze the relative contribution of latent genetic and environmental factors to differences in the injury liability of children, and to examine the association between measured socio-economic, family, and child-behavior variables and unintentional injury risk. Unintentional injuries from birth to age 5, together with information regarding measured risk variables, were reported by mothers in a sample of 1027 same-sex twin pairs from a nationally representative 1994-1995 birth cohort. Child-specific environmental factors accounted for most of the variance (86.4%) in the likelihood of ever having an injury. When considering the risk of two or more injuries child-specific environmental factors explained 60.2% of the variance and family-wide environmental influence 39.8%. Measured socio-economic, family, and child-behavior factors predicted frequent injury. Results give little support to the concept of a heritable injury-prone trait in preschool children; environmental influences accounted for most of the injury variance in this sample. However, behavioral variables, especially the child's externalizing problem behaviors, are also important in explaining unintentional injuries.

Student Gladiators and Sexual Assault: A New Analysis of Liability for Injuries Inflicted by College Athletes

Big-time intercollegiate sports exact a toll, and not just on the bodies and graduation rates of players. There is long-standing tension between athletic programs and educators, on several grounds. Recently, universities have had to concern themselves with what appears to be an epidemic of sexual assaults committed by male athletes. Many articles focus on university problems. But what about the victims? What would it take to get the attention of universities in order to stop male athlete violence? My thesis is that equal educational opportunity for women at big-time athletics universities will not begin to become real until some courageous courts step in. This article focuses on the 2001 University of Colorado football recruiting gang-rape outrage, and argues through a hypothetical state ERA legal challenge to get to larger questions: in light of what football programs actually provide and do not provide to universities, what judicial remedies should be available when women are abused? At what point should courts intervene directly in collegiate sports programs - to enjoin changes in player and coach discipline, or even to require colleges to fire coaches, require disassociation from the NCAA, or suspend or abolish football programs?

Reverse moral hazard of liability insurers: evidence from medical malpractice claims

This study investigates putative differences in the legal defense of medical malpractice claims between liability carriers with distinct ownership forms: doctor-controlled and commercial-stock. The scope of a carrier's legal defense is determined by claim characteristics, such as injury severity and liability, and possibly the doctor's private costs from settling or losing a claim. When a carrier does not internalize the doctor's private costs from losing or settling a claim, then a conflict of interest arises as the carrier provides a lower level of legal defense than preferred by the doctor (i.e., reverse moral hazard). The perception is that doctor-sponsored carriers mitigate such conflicts of interest. If this is the case, we should expect to see differences in the amount spent by the carrier in defense of the doctor and the propensity to settle claims. To test these expectations, we use medical malpractice claims filed in Florida between 1985 and 1990. We indeed find differences in legal defense in terms of amount spent on legal defense and settlement rate between carriers with different ownership. The doctor-sponsored carrier we investigated was less likely to settle out-of-court, and did spend more on a doctor's legal defense than stock carriers.

Mercury General Corp.

AbstractInsurance (MIC: 8.2 SIC: 6331 NAIC: 524126)Mercury General and its subsidiaries are engaged primarily in writing automobile insurance in a number of states, principally California. Co. provides a range of coverage to automobile policyholders, including bodily injury liability, underinsured and uninsured motorist, personal injury protection, property damage liability, comprehensive, collision, and other hazards. Co. also provides homeowners insurance, mechanical breakdown insurance, commercial and dwelling fire insurance, and commercial property insurance. As of Dec 31 2006, Co. sold its policies primarily through independent agents and brokers.