The Similar Cost and Other Advantages of an Early Offers Reform for Product Liability Claims for Personal Injury Compared to General Liability Claims Therefor

2009 ◽  
Author(s):  
Jeffrey O'Connell ◽  
Patricia Born
Keyword(s):  
Product Liability ◽  
Personal Injury ◽  
Liability Claims ◽  
Similar Cost

scholarly journals Analysis and Evaluation of Victorian Reform in General Damages for Personal Injury under the Tort of Negligence

2007 ◽  
Vol 12 (2) ◽  
pp. 125
Author(s):  
John Chu
Keyword(s):  
Product Liability ◽  
Personal Injury ◽  
Economic Losses ◽  
The Public ◽  
Analysis And Evaluation

<p>This article examines the current legislative structures in Victoria for compensating non-economic losses for personal injuries under the tort of negligence. It first provides a background on the tort of negligence in general and damages for non-economic losses in particular. It then outlines the changes that have swept through Victoria and in the rest of Australia for comparative purposes. This article offers a critique of the rationale and justification for those changes, analyses the implications of the changes at both Victorian and Commonwealth levels across the public, professional and product liability areas, and concludes with a discussion of the overall effect of the Victorian reforms.</p>

scholarly journals Forensic Engineering Investigations Of Product Liability Cases

2008 ◽  
Vol 25 (2) ◽  
Author(s):  
Richard M. Ziernicki ◽  
Railsback Benjamin T.
Keyword(s):  
Product Liability ◽  
Safety Engineering ◽  
General Methodology ◽  
Forensic Engineering ◽  
Liability Claims ◽  
Physical Principles

Engineers Are Regularly Retained To Perform Investigations To Determine Whether Or Not A Product Is Defective And Liable For Injuries Sustained By An Individual Or Damages By A Commercial Entity. While Engineers Are Trained To Solve Problems Based On Physical Principles, Little Training Is Given To The Graduate Engineer To Determine Whether A Product Is Defective Or Not. Since The Majority Of Product Liability Actions Result From An Injury Sustained By An Individual Using A Product, The Engineer Is Ultimately Evaluating The Safety Of The Product. The Authors Of This Paper Will Detail A General Methodology To Investigate Product Liability Claims Through The Use Of Safety Engineering Principles.

Expert system for evaluating product liability claims

1994 ◽  
Vol 7 (1) ◽  
pp. 37-48
Author(s):  
Wullianallur Raghupathi ◽  
Lawrence L. Schkade ◽  
Karan Harbison-Briggs
Keyword(s):  
Expert System ◽  
Product Liability ◽  
Liability Claims

16. Product liability

2018 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Tort Law ◽  
Personal Injury ◽  
Consumer Protection Act

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in Donoghue v Stevenson. The chapter discusses the limitations of the tort of negligence and suggests that claimants should bring their actions for defective products under the Consumer Protection Act 1987 because it does not require proof of fault.

10. Product liability

2020 ◽  
pp. 241-258
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Product Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Cost

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product, but he will also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 involves a strict liability regime for defective products on a variety of potential defendants. This discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.

Using Litigation to Make Public Health Policy: Theoretical and Empirical Challenges in Assessing Product Liability, Tobacco, and Gun Litigation

2004 ◽  
Vol 32 (4) ◽  
pp. 556-564 ◽  
Author(s):  
Timothy D. Lytton
Keyword(s):  
Public Health ◽  
Health Policy ◽  
Public Health Policy ◽  
Product Liability ◽  
Gun Violence ◽  
The Other ◽  
The Public ◽  
Proper Role ◽  
Liability Claims

In recent years, a number of prominent scholars have touted the use of litigation as an effective tool for making public health policy. For example, Stephen Teret and Michael Jacobs have asserted that product liability claims against car makers have played a significant role in reducing automobile-related injuries, Peter Jacobson and Kenneth Warner have argued that litigation against cigarette manufacturers has advanced the cause of tobacco control, and Phil Cook and Jens Ludwig have suggested that lawsuits against the firearms industry can reduce gun violence. Critics have attacked this use of litigation as doing more harm than good to public health and as a misuse of the courts. This debate involves two distinct controversies: one over whether the public health benefits of litigation outweigh its costs and the other over the proper role of courts within our system of government.

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