Costly State Falsification or Verification? Theory and Evidence from Bodily Injury Liability Claims

Author(s):  
Keith J. Crocker ◽  
Sharon Tennyson
2007 ◽  
Vol 12 (3) ◽  
pp. 4-7
Author(s):  
Charles N. Brooks ◽  
Christopher R. Brigham

Abstract Multiple factors determine the likelihood, type, and severity of bodily injury following a motor vehicle collision and, in turn, influence the need for treatment, extent of disability, and likelihood of permanent impairment. Among the most important factors is the change in velocity due to an impact (Δv). Other factors include the individual's strength and elasticity, body position at the time of impact, awareness of the impending impact (ie, opportunity to brace, guard, or contract muscles before an impact), and effects of braking. Because Δv is the area under the acceleration vs time curve, it combines force and duration and is a useful way to quantify impact severity. The article includes a table showing the results of a literature review that concluded, “the consensus of human subject research conducted to date is that a single exposure to a rear-end impact with a Δv of 5 mph or less is unlikely to result in injury” in most healthy, restrained occupants. Because velocity incorporates direction as well as speed, a vehicular occupant is less likely to be injured in a rear impact than when struck from the side. Evaluators must consider multiple factors, including the occupant's pre-existing physical and psychosocial status, the mechanism and magnitude of the collision, and a variety of biomechanical variables. Recommendations based solely on patient history and physical findings (and, perhaps, imaging studies) may be ill-informed.


2013 ◽  
Vol 25 (2) ◽  
pp. 95-104 ◽  
Author(s):  
Coy Callison ◽  
Rhonda Gibson ◽  
Dolf Zillmann

This study used an experimental news report about confrontational robberies by adolescent groups in Mexican resorts that presented statistics with or without personalized cases of victimization. Study participants estimated the risk of harm to victims and the extent of their suffering. They also indicated their own risk and concern for their own safety. The readers’ numeric ability was ascertained thereafter. A trisection of this ability showed that persons of high ability comparatively overestimated others’ risk but underestimated their own; this despite indicating greater concerns for their own safety. These results were not altered by consideration of the readers’ empathic, experiential, and rational traits. The incorporation of personalized cases of victimization in the news report did not appreciably influence risk assessments. The involvement of cases resulting in major bodily injury, however, increased estimates of the incidence of such robberies.


2019 ◽  
Vol 374 (1785) ◽  
pp. 20190277 ◽  
Author(s):  
Edgar T. Walters

Chronic pain is considered maladaptive by clinicians because it provides no apparent protective or recuperative benefits. Similarly, evolutionary speculations have assumed that chronic pain represents maladaptive or evolutionarily neutral dysregulation of acute pain mechanisms. By contrast, the present hypothesis proposes that chronic pain can be driven by mechanisms that evolved to reduce increased vulnerability to attack from predators and aggressive conspecifics, which often target prey showing physical impairment after severe injury. Ongoing pain and anxiety persisting long after severe injury continue to enhance vigilance and behavioural caution, decreasing the heightened vulnerability to attack that results from motor impairment and disfigurement, thereby increasing survival and reproduction (fitness). This hypothesis is supported by evidence of animals surviving and reproducing after traumatic amputations, and by complex specializations that enable primary nociceptors to detect local and systemic signs of injury and inflammation, and to maintain low-frequency discharge that can promote ongoing pain indefinitely. Ongoing activity in nociceptors involves intricate electrophysiological and anatomical specializations, including inducible alterations in the expression of ion channels and receptors that produce persistent hyperexcitability and hypersensitivity to chemical signals of injury. Clinically maladaptive chronic pain may sometimes result from the recruitment of this powerful evolutionary adaptation to severe bodily injury. This article is part of the Theo Murphy meeting issue ‘Evolution of mechanisms and behaviour important for pain’.


Author(s):  
Xaver Baur ◽  
Arthur L. Frank

AbstractIndustries that mine, manufacture and sell asbestos or asbestos-containing products have a long tradition of promoting the use of asbestos, while placing the burden of economic and health costs on workers and society. This has been successfully done in recent years and decades in spite of the overwhelming evidence that all asbestos types are carcinogenic and cause asbestosis. In doing so, the asbestos industry has undermined the WHO campaign to reach a worldwide ban of asbestos and to eliminate asbestos-related diseases. Even worse, in recent years they succeeded in continuing asbestos mining and consuming in the range of about 1.3 million tons annually. Nowadays, production takes place predominantly in Russia, Kazakhstan and China. Chrysotile is the only asbestos type still sold and represents 95% of asbestos traded over the last century.The asbestos industry, especially its PR agency, the International Chrysotile Association, ICA, financed by asbestos mining companies in Russia, Kazakhstan and Zimbabwe and asbestos industrialists in India and Mexico, continues to be extremely active by using slogans such as chrysotile can be used safely.Another approach of the asbestos industry and of some of its insurance agencies is to broadly defeat liability claims of asbestos victims.In doing so they systematically use inappropriate science produced by their own and/or by industry-affiliated researchers. Some of the latter were also engaged in producing defense material for other industries including the tobacco industry. Frequent examples of distributing such disinformation include questioning or denying established scientific knowledge about adverse health effects of asbestos. False evidence continues to be published in scientific journals and books.The persisting strong influence of vested asbestos-related interests in workers and public health issues including regulations and compensation necessitate ongoing alertness, corrections and appropriate reactions in scientific as well as public media and policy advisory bodies.


2020 ◽  
pp. 088626052096667
Author(s):  
Grace B. McKee ◽  
Kathy Gill-Hopple ◽  
Daniel W. Oesterle ◽  
Leah E. Daigle ◽  
Amanda K. Gilmore

Strangulation has long been associated with death in the context of sexual assault and intimate partner violence (IPV). Non-fatal strangulation (NFS) during sexual assault, which refers to strangulation or choking that does not result in death, is common and has been associated with IPV and with bodily injury; however, other factors associated with NFS are unknown. The current study examined demographic and sexual assault characteristics associated with NFS among women who received a sexual assault medical forensic exam (SAMFE). A second purpose of this study was to explore factors associated with receiving follow-up imaging orders after NFS was identified during a SAMFE. Participants ( N = 882) ranged in age from 18 to 81 ( M = 28.85), with the majority identifying as non-Hispanic White (70.4%) or Black/African American (23.4%). A total of 75 women (8.5%) experienced NFS during the sexual assault. Of these, only 13 (17.3%) received follow-up imaging orders for relevant scans. Results from a logistic regression analysis demonstrated that NFS was positively associated with report of anal penetration, intimate partner perpetration, non-genital injury, and weapon use during the assault. Results from chi-square analysis showed that among sexual assaults involving women who experienced NFS, those whose assaults involved weapon use were over four times more likely to receive imaging orders compared to assaults without weapon use. These findings have implications for criminal justice, and if incorporated into danger assessments, could potentially reduce fatalities linked to sexual assault and/or IPV. Additional work is needed to ensure that all assaults with NFS trigger a referral for imaging regardless of other assault characteristics.


Legal Theory ◽  
2006 ◽  
Vol 12 (2) ◽  
pp. 137-156
Author(s):  
Peter Jaffey

Private law is generally formulated in terms of right–duty relations, and accordingly, private-law claims are understood to arise from breaches of duty, or wrongs. Some claims are not easy to explain on this basis because the claim arises from an act that the defendant was justified in doing. The violation/infringement distinction seems to offer an explanation of such claims, but it is argued that the explanation is illusory. Claims of this sort are best understood as based not on a primary right–duty relation at all but on a “primary liability” or “right–liability” relation. A primary-liability claim is not a claim arising from the breach of a strict-liability duty. The recognition of primary-liability claims does not involve skepticism about duties or rules or legal relations and it is consistent with the analysis of private law in terms of corrective justice.


Author(s):  
F. Dolz-Güerri ◽  
E.L. Gómez-Durán ◽  
A. Martínez-Palmer ◽  
M. Castilla Céspedes ◽  
J. Arimany-Manso

2012 ◽  
Vol 80 ◽  
pp. 39-46 ◽  
Author(s):  
Paola Persico ◽  
Cosimo Carfagna

The skin is the largest human organ. Its care and health are, therefore, essential. The skin can only be healthy and attractive when it is in balance. The pre-requisites for healthy skin are: the moisture content, the protective function, elasticity and cell renewal. All of these parameters are supported by applying pharmaceuticals and wellness substances. Pharmaceutical law defines the former as substances and compositions of substances that are applied to or in the human body to heal, ease, prevent or detect illness, pain, bodily injury or disease symptoms. Wellness substances are substances able to enhance the sense of overall wellbeing in all physical and mental aspects of life, and bring the mind, body and spirit in harmony with the nature. The newest movement in beauty is the hybrid of textiles and cosmetics called Cosmeto-Wear: consumers, especially ladies, expect clothing to have a positive effect on the conditions of their skin. Hence, finishers are being asked to create products that offer new and/or improved functions. In recent years, textile materials with special applications in the cosmetic field have been developed. A new sector of cosmetic textiles is opened up and several cosmetic textile products are currently available in the market. There are essentially two different ways of manufacturing cosmetic textiles, they are the binding of microencapsulated cosmetic components or the fabric coating by active finishes. This paper describes the fabrication technologies of cosmeto-textiles, discussing the choice of active components and the problem of their unwanted loss during washing, as well as the trend of cosmeto-textile industry in view of consumers demands.


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