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Negligence is a failure to exercise appropriate care expected to be exercised in similar circumstances.
Product liability is the area of law in which manufacturers,distributors,suppliers,retailers,and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations,product liability as an area of law is traditionally limited to products in the form of tangible personal property.
A tort is a civil wrong,other than breach of contract,that causes a claimant to suffer loss or harm,resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law,which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes,tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts,such as assault and battery,can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law,which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
In criminal and civil law,strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient,with most cases involving medical error. Claims of medical malpractice,when pursued in US courts,are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act,as in the case of the death of Michael Jackson.
In its broadest sense,no-fault insurance is any type of insurance contract under which the insured party is indemnified by their own insurance company for losses,regardless of the source of the cause of loss. In this sense,it is similar to first-party coverage. The term "no-fault" is most commonly used in the United States,Australia,and Canada when referring to state or provincial automobile insurance laws where a policyholder and their passengers are reimbursed by the policyholder's own insurance company without proof of fault,and are restricted in their right to seek recovery through the civil-justice system for losses caused by other parties. No-fault insurance has the goal of lowering premium costs by avoiding expensive litigation over the causes of the collision,while providing quick payments for injuries or loss of property.
English tort law concerns the compensation for harm to people's rights to health and safety,a clean environment,property,their economic interests,or their reputations. A "tort" is a wrong in civil law,rather than criminal law,that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment,tort law is usually seen as forming one of the three main pillars of the law of obligations.
Where two or more persons are liable in respect of the same liability,in most common law legal systems they may either be:
Personal injury is a legal term for an injury to the body,mind,or emotions,as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to their body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence,gross negligence,reckless conduct,or intentional misconduct,and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways,but damages typically include the injured person's medical bills,pain and suffering,and diminished quality of life.
In the English law of tort,professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rely on establishing that a duty of care is owed by the defendant to the claimant,and that the defendant is in breach of that duty. The standard test of breach is whether the defendant has matched the abilities of a reasonable person. But,by virtue of the services they offer and supply,professional people hold themselves out as having more than average abilities. This specialised set of rules determines the standards against which to measure the legal quality of the services actually delivered by those who claim to be among the best in their fields of expertise.
Aaron D. Twerski is an American lawyer and professor. He is the Irwin and Jill Cohen Professor of Law at Brooklyn Law School,as well as a former Dean and professor of tort law at Hofstra University School of Law.
Frank G. Bowe was a deaf American disability studies academic who served as the Dr. Mervin Livingston Schloss Distinguished Professor for the Study of Disabilities at Hofstra University. As a disability rights activist,author,and teacher,he accomplished a series of firsts for individuals with disabilities.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs;that tort law permits frivolous or otherwise undesirable litigation to crowd the court system;or that the fear of litigation can serve to curtail innovation,raise the cost of consumer goods or insurance premiums for suppliers of services,and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions,where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
The Royal Commission on Civil Liability and Compensation for Personal Injury,better known as the Pearson commission was a United Kingdom royal commission,established in 1973 under the chairmanship of Lord Pearson. The commission reported in 1978 and made radical recommendations for tort reform,Pearson believing that tort's traditional role of compensation had become outdated with the rise of the welfare state since the end of World War II. He saw the benefits system as having the primary role of providing compensation and security following an accident,and litigation as being secondary. As a result,the commission recommended a no-fault insurance scheme for road traffic and industrial accidents,similar to the subsequent New Zealand Accident Compensation Corporation,and a scheme of strict liability for consumer protection. However,the government's response was cool and the recommendations were not followed up,much to Pearson's disappointment.
Escola v. Coca-Cola Bottling Co.,24 Cal.2d 453,150 P.2d 436 (1944),was a decision of the Supreme Court of California involving an injury caused by an exploding bottle of Coca-Cola. It was an important case in the development of the common law of product liability in the United States,not so much for the actual majority opinion,but for the concurring opinion of California Supreme Court justice Roger Traynor.
Tort law in India is primarily governed by judicial precedent as in other common law jurisdictions,supplemented by statutes governing damages,civil procedure,and codifying common law torts. As in other common law jurisdictions,a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of action and for which remedy is available. If a remedy does not exist,a tort has not been committed since the rationale of tort law is to provide a remedy to the person who has been wronged.
Kyle D. Logue is an American legal scholar on private law. He is the Douglas A. Kahn Collegiate Professor of Law at the University of Michigan Law School. He was appointed to serve as interim dean of the Law School effective January 1,2024,until a permanent dean is appointed. From 2006 to 2016,Logue was the Wade H. and Dores M. McCree Collegiate Professor of Law.
Kenneth S. Abraham is the Harrison Distinguished Professor of Law at the University of Virginia School of Law.
Ariel Porat is the president of Tel Aviv University (TAU),a full professor and former dean at TAU's Buchmann Faculty of Law. Until his appointment as president,he was a distinguished visiting professor of law at the University of Chicago Law School. He is a member of the Israel Academy of Sciences and Humanities,incumbent of the Alain Poher Chair in Private Law at TAU,and recipient of The EMET Prize for Art,Science and Culture for Legal Research.
Delay,Deny,Defend:Why Insurance Companies Don't Pay Claims and What You Can Do About It is a 2010 book by Rutgers Law professor Jay M. Feinman,and published by Portfolio Hardcover,an imprint of Penguin Group.
References
- 1 2 "Jay M. Feinman". Gale Literature: Contemporary Authors Gale Literature: Contemporary Authors Gale Literature: Contemporary Authors. Gale. September 25, 2008. Retrieved December 10, 2024.
- 1 2 3 "JAY M. FEINMAN". Rutgers Law School.
- ↑ "Jay M. Feinman | Rutgers Law School". law.rutgers.edu. Retrieved 2024-12-11.
- ↑ Feinman, Jay (July 23, 2020). "Five myths about lawsuits". The Washington Post. Retrieved December 8, 2024.
- ↑ O'Rourke, Morgan (March 2010). "Delay, Deny, Defend: Why Insurance Companies Don't Pay Claims and What You Can Do About It". Risk Management. 57 (2): 43–44.
- ↑ "UN-MAKING LAW". Kirkus Reviews. 2010-05-19. Retrieved 2024-12-10.
- ↑ "Un-Making Law: The Conservative Campaign to Roll Back the Common Law". Publishers Weekly . 2004-10-01. Retrieved 2024-12-06.
- ↑ Braucher, Jean (May 1996). "Economic Negligence: Liability of Professionals and Businesses to Third Parties for Economic Loss". Business Lawyer. 51 (3): 795–801. Retrieved 2024-12-10.
