personal damage
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2021 ◽  
Vol 51 (3) ◽  
pp. 1-18
Author(s):  
Oliwier Mendala ◽  
Jarosław Kozuba

Abstract The aim of the study is to present the principles of civil liability for damage caused to a passenger for which an air carrier is responsible, regulated by the Warsaw and Montreal Conventions, and the norms of national law providing issues that are not included in international law acts. The paper presents a historical overview of the applicable Conventions. The provisions of the Polish Civil Code that are useful for interpretation of law institutions and complement the legal norms contained in the Conventions are also presented. The compiled issues put the legal norms contained in various law systems in order by indicating the practical dimension of the pursuit of potential claims by passengers vis-à-vis air carriers. This is followed by a discussion of the grounds for excluding third party liability of an air carrier in case of excessive or illegitimate claims of the carrier’s clients, and of the insurer.


2021 ◽  
Vol 21 (17) ◽  
pp. 13353-13368
Author(s):  
Enrique Pravia-Sarabia ◽  
Juan José Gómez-Navarro ◽  
Pedro Jiménez-Guerrero ◽  
Juan Pedro Montávez

Abstract. Medicanes are mesoscale tropical-like cyclones that develop in the Mediterranean basin and represent a great hazard for the coastal population. The skill to accurately simulate them is of utmost importance to prevent economical and personal damage. Medicanes are fueled by the latent heat released in the condensation process associated with convective activity, which is regulated by the presence and activation of cloud condensation nuclei, mainly originating from sea salt aerosols (SSAs) for marine environments. Henceforth, the purpose of this contribution is twofold: assessing the effects of an interactive calculation of SSA on the strengthening and persistence of medicanes, and providing insight into the casuistry and sensitivities around their simulation processes. To this end, a set of simulations have been conducted with a chemistry–meteorology coupled model considering prescribed aerosol (PA) and interactive aerosol (IA) concentrations. The results indicate that IA produces longer-lasting and more intense medicanes. Further, the role of the initialization time and nudging strategies for medicane simulations has been explored. Overall, the results suggest that (1) the application of spectral nudging dampens the effects of IA, (2) the initialization time introduces a strong variability in the storm dynamics, and (3) wind–SSA feedback is crucial and should be considered when studying medicanes.


2020 ◽  
Vol 20 (3) ◽  
pp. 476-487
Author(s):  
Lauro Ericksen

This paper discusses 過労死 (Karōshi)’s phenomenon, stating it as a social labor-related issue. It presents Karōshi as sudden death by overworking. This paper objective consists in showing it as a singular and particular case of Japanese workaholism, rooted in its own cultural work system, conceptualizing Karōshi as a singularity in Japanese cultural system, putting it, and also 過労自殺 (Karōjisatsu), as an existential damage beyond the  individual worker. Karōshi surpasses the line of personal damage and can be considered a cultural collective damage.


2020 ◽  
Vol 66 (8) ◽  
pp. 1146-1151
Author(s):  
Luciano Timbó Barbosa ◽  
Célio Fernando de Sousa Rodrigues ◽  
Raul Ribeiro de Andrade ◽  
Fabiano Timbó Barbosa

SUMMARY INTRODUCTION Lumbar pain is one of the main reasons for medical consultation, causing the disruption of daily routines due to its disabling nature, thus resulting in social and personal damage. Among the complementary treatments, ozonotherapy offers analgesia to most patients, with reports of complications. However, great questions about its clinical effectiveness have not been answered yet, and there have been reports of serious complications. OBJECTIVE To describe the use of ozonotherapy in the treatment of lumbar pain, focusing on its favorable and unfavorable effects, and its analog profile. METHODS A cross-sectional bibliographic research was performed with scientific articles obtained from the Pubmed, LILACS and Scopus database, using the following descriptors: “Ozone”, “Therapy”, “Lumbar pain”, “complication”, “Disk herniation”, “Guideline”, “Protocol”, “Standards”, “Criteria”. RESULTS The researched literature corroborates that, in clinical practice, there is safety in the use of oxygen-ozone therapy through percutaneous injections for the treatment of lumbar pain, especially when compared to surgeries and use of medicines, provided that strict criteria are followed. CONCLUSION The procedure is effective and has a favorable analgesic profile. However, it is necessary to produce a medical guideline that will help in its strict and systematic control.


2020 ◽  
Vol 134 (6) ◽  
pp. 2319-2334 ◽  
Author(s):  
Francesca Ingravallo ◽  
Ilaria Cerquetti ◽  
Luca Vignatelli ◽  
Sandra Albertini ◽  
Matteo Bolcato ◽  
...  

Abstract Ageing of the global population represents a challenge for national healthcare systems and healthcare professionals, including medico-legal experts, who assess personal damage in an increasing number of older people. Personal damage evaluation in older people is complex, and the scarcity of evidence is hindering the development of formal guidelines on the subject. The main objectives of the first multidisciplinary Consensus Conference on Medico-Legal Assessment of Personal Damage in Older People were to increase knowledge on the subject and establish standard procedures in this field. The conference, organized according to the guidelines issued by the Italian National Institute of Health (ISS), was held in Bologna (Italy) on June 8, 2019 with the support of national scientific societies, professional organizations, and stakeholders. The Scientific Technical Committee prepared 16 questions on 4 thematic areas: (1) differences in injury outcomes in older people compared to younger people and their relevance in personal damage assessment; (2) pre-existing status reconstruction and evaluation; (3) medico-legal examination procedures; (4) multidimensional assessment and scales. The Scientific Secretariat reviewed relevant literature and documents, rated their quality, and summarized evidence. During conference plenary public sessions, 4 pairs of experts reported on each thematic area. After the last session, a multidisciplinary Jury Panel (15 members) drafted the consensus statements. The present report describes Conference methods and results, including a summary of evidence supporting each statement, and areas requiring further investigation. The methodological recommendations issued during the Conference may be useful in several contexts of damage assessment, or to other medico-legal evaluation fields.


2017 ◽  
pp. 296-329
Author(s):  
George Mendelson ◽  
Danuta Mendelson

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