Techniques for Reducing Tort Liability PDF Download
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Author: J. W. Hall
Publisher:
ISBN:
Category : Highway law
Languages : en
Pages : 88
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Book Description
Author: J. W. Hall
Publisher:
ISBN:
Category : Highway law
Languages : en
Pages : 88
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Russell M. Lewis
Publisher: Transportation Research Board National Research
ISBN:
Category : Law
Languages : en
Pages : 52
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Book Description
Pre- and post-accident actions; trial preparation; loss mitigation program.
Author: Charles Fried
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The expansive application of tort law to business enterprise has established courts as regulators of the safety and supply of virtually all mass-produced goods and services, including those such as prescription drugs and medical care, upon which the lives and livelihood of most people depend. With the annual social overhead for tort litigation ranging into the hundreds of billions and less than 40% of the expenditure reaching injured plaintiffs, this tremendously expensive system imposes a heavy social burden, including all of the consequences for individual welfare when businesses pass through their litigation costs in lower employment and wages and higher priced and fewer products and services. The question naturally arises: what does society get in return? In this book, the authors develop and rigorously subject the tort system to a theoretically sound and thoroughly realistic mode of normative analysis. Starting from the premise that tort law should be designed to promote the well-being of individuals according to the system they would choose before knowing whether they are victims or beneficiaries of the processes of production and the legal system, the authors show that if given the opportunity, individuals would prefer a legal regime that reduced total accident costs to a minimum. In view of this standard, the authors critically examine the most salient of the aims professed for tort liability: preventing socially inappropriate risk-taking; insuring consumers and others at risk against accident loss; redistributing wealth from well-heeled businesses to less well-off accident victims; and vindicating individual rights of plaintiffs to a "day in court" and "corrective justice." The authors conclude that, with appropriate reforms, the system of tort liability can usefully serve a deterrence function, complementing administrative regulation, bargaining and reputational effects of the marketplace, and other social forces to prevent businesses from taking unreasonable risks. In short, tort law may effectively "smoke out" and sanction abuses and inefficiencies in the mass production, distribution, and use of products and services, and thereby aid in deterring them. However, the authors demonstrate the superiority of legislatures in providing social insurance and redistributing wealth progressively, and emphatically reject tort law as a patently wasteful, ineffective, and unnecessary means of securing accident insurance or wealth redistribution. They also dismiss deontological assertions concerning the vindication of individual process rights as sentimental and distracting myths - precisely because these justifications demand the allocation of legal and other social resources regardless of the adverse effects on individual well-being. Having identified deterrence of unreasonable risk as the primary function of tort law, Fried and Rosenberg then elaborate a practical program of system-wide and specific reforms of tort law to facilitate its deterrence function. Among the most important issues addressed are those concerning the timing of judicial intervention, scope of sanctions, and scale of enforcement and the related questions about predicating liability solely on risk, the relative benefits of strict liability versus negligence and contributory versus comparative negligence, and the warrant for non-pecuniary and punitive damages. The book's further contribution is in conducting a comparative information-cost analysis to derive guidelines and "default" rules for allocating the tasks of devising and implementing reforms to legislatures and courts, according to the institution best suited to take the lawmaking initiative.
Author: National Academy of Engineering
Publisher: National Academies Press
ISBN: 0309051304
Category : Technology & Engineering
Languages : en
Pages : 214
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Book Description
Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Russell M. Lewis
Publisher: Transportation Research Board
ISBN: 9780309056656
Category : Law
Languages : en
Pages : 52
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Book Description
This synthesis will be of interest to highway agency administrative and executive officers, risk managers, legal officials, as well as to highway design, traffic, and safety engineers, enforcement agency personnel, claims managers, and others concerned with managing tort liability programs in state transportation agencies. It describes the state of the practice with respect to the manner in which these agencies manage highway tort liability programs. Management of claims associated with highways, streets, and pedestrian facilities is the focus of this synthesis, which describes program elements, costs, staffing, risk avoidance, and management requirements. This report of the Transportation Research Board describes the design and implementation of procedures and techniques to manage tort liability programs. Much of the material in this synthesis is also applicable to managing risks associated with modes other than highways within the state transportation agency. There is also applicability to local highway agencies, toll authorities, and public transit agencies.
Author: Peter W. Huber
Publisher: Basic Books
ISBN: 9780465039197
Category : Law
Languages : en
Pages : 0
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Book Description
This controversial book describes the transformation of modern tort law since the 1960s, and shows how the dramatic increase in liability lawsuits has had an adverse effect on the safety, health, the cost of insurance, and individual rights.
Author: M. Patricia Boyd
Publisher: Transportation Research Board
ISBN: 9780309068710
Category : Damages
Languages : en
Pages : 72
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Book Description
This synthesis will be of interest to transit agency general managers, supervisors, and staff dealing with legal services and risk management issues, as well as to consultants that work with them. It describes those practices in place at public transit agencies to prevent and respond to third party fraudulent claims, including a review of salient aspects of the public transit claims process in the context of managing current and partial tort liability. It examines the level of claims, presents a structured methodology for approaching the fraudulent claims issue, and describes practices that have been implemented to reduce claims abuse. The emphasis is on strategies that organizations have adopted to counter insurance fraud.
Author: W. Kip Viscusi
Publisher: Harvard University Press
ISBN: 9780674753235
Category : Business & Economics
Languages : en
Pages : 296
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Book Description
Drawing on liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is has been developing for decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and an increase in lawsuits involving hazard warnings.
