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EBookClubs

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Book Escaping the Tort based Auto Accident Compensation System

Download or read book Escaping the Tort based Auto Accident Compensation System written by Robert R. Detlefsen and published by . This book was released on 1998 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Reform of the Automobile Accident Compensation System

Download or read book Reform of the Automobile Accident Compensation System written by Izhak Englard and published by . This book was released on 1974 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Covering Accident Costs

Download or read book Covering Accident Costs written by Mark Rahdert and published by Temple University Press. This book was released on 1995-01-30 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past century, tort law and insurance have developed deeply intertwined legal and economic roots. Insurance usually determines whether tort cases are brought to trial, whom plaintiffs sue, how much they claim, who provides the defense, how the case gets litigated, the dynamics of the settlement, and how much plaintiffs ultimately recover. But to what extent should liability rules be influenced by insurance? In this study, Mark Rahdert identifies the leading arguments both in favor of and against what he terms the "insurance rationale"—the idea that tort law should be structured to facilitate victim access to assured compensation. The insurance rationale has been a leading force in the development of product liability law and, as a component of accident compensation, has significantly influenced pro-plaintiff advances in principal areas of tort law. However, the insurance rationale is also the source of great controversy. Critics charge that liability rules deliberately set to maximize plaintiffs' access to insurance funds have corrupted the system, causing insurance costs to spiral upward uncontrollably. Considering the strengths and weaknesses of both sides of the current debate, Rahdert develops a modified version of the insurance rationale that can become a tool for evaluating future tort reform proposals.

Book Some Observations on the Need for Tort Reform

Download or read book Some Observations on the Need for Tort Reform written by Gustave H. Shubert and published by . This book was released on 1986 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper was originally presented to the National Conference of State Legislatures in Denver, Colorado, in January 1986, and in an earlier version to the Public Policy Institute in Albany, New York, in November 1985. It draws on studies of civil court congestion and delay, alternative dispute resolution, the public costs of civil litigation, asbestos-related litigation, punitive damages, and medical malpractice. The author explores the relevance of policy research to tort reform, and concludes that the underlying problem with the civil justice system is the inability to decide whether we in the United States want to have a pure compensatory system, in which everyone is compensated for every injury no matter what its cause, or a fault-based liability system, in which compensation is limited in a strict way, in a comparative way, or in a contributory way to those who have caused the injury.

Book Comparative Studies in Automobile Accident Compensation

Download or read book Comparative Studies in Automobile Accident Compensation written by United States. Department of Transportation. Automobile Insurance and Compensation Study and published by . This book was released on 1970 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Our Liability Predicament

Download or read book Our Liability Predicament written by J. T. H. Johnson and published by . This book was released on 1997 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Liability Predicament is a non-political and non-polemical discussion of our present-day liability system and its problems. It concludes that the culprit has been the gradual devolution of American tort law to the point where it actually encourages litigation, greed, and revenge, as opposed to the proclaimed aim of law as a method of settling disputes amicably, expeditiously and fairly. The book is divided into six sections; the first of which is devoted to the basic facts of tort law, how it evolved, and how it began to differ from the tort systems of other nations. The next section discusses the basic flaws and merits of the system, and concludes that the flaws considerably outweigh the merits. The third section discusses the need for basic reforms, particularly in incentives, cost, and complexity. The fourth section considers specific problems, with emphasis on automobile liability and professional malpractice. The fifth section discusses the divergent points of view regarding the tort system in the literature, as well as various proposals for reform, and the final section gives a short summary and conclusion.

Book Changes in the Tort System

Download or read book Changes in the Tort System written by Gustave H. Shubert and published by . This book was released on 1986 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Accidents Compensation and the Law

Download or read book Accidents Compensation and the Law written by P. S. Atiyah and published by George Weidenfeld & Nicholson. This book was released on 1980 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Automobile Accident Compensation System

Download or read book Automobile Accident Compensation System written by Izhak Englard and published by . This book was released on 1972 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Exploring the Domain of Accident Law

Download or read book Exploring the Domain of Accident Law written by Donald N. Dewees and published by New York : Oxford University Press. This book was released on 1996 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work reviews empirical evidence relating to five major categories of accidents; automobile accidents; medical malpractice; product related accidents; environmental injuries; and workplace injuries. The authors also offer recommendations for revisions in the tort system.

Book Tort Reform and smart Highways

Download or read book Tort Reform and smart Highways written by David Randal Ayers and published by . This book was released on 1994 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly automated vehicles and highways--which permit higher travel speeds, narrower lanes, smaller headways between vehicles, and optimized routing (collectively called intelligent vehicle-highway systems or IVHS)-- have been generally conceded to be the most promising solutions to our existing, and future, highway transportation problems. Although IVHS may eventually revolutionize surface transportation, their development is proceeding slowly in part as a result of concerns over the potential impact of tort liability. Specifically, IVHS developers note that although at present, the cost of automobile accidents are for the most part borne by drivers, increased automation may shift accident cost liability to IVHS developers and operators. This study uses a three-step process to evaluate the IVHS tort liability risk problem. The first part evaluates the claim that IVHS are likely to shift accident liability to highway departments or system manufacturers. The second part examines the appropriateness of government intervention as a means of addressing the IVHS liability problems identified in part one. The third part outlines the potential methods of government intervention that have been proposed in the IVHS literature and indicates which solutions are optimal for each type of IVHS technology. The study finds that significant liability problems are unlikely to arise with many forms of IVHS, or if they do, they are not the type of liability that should be addressed through government intervention. However, there are plausible reasons for government intervention for automatic vehicle navigation, collision warning, collision avoidance, speed and headway keeping, and automated highway/guide way systems. The forms of intervention considered in this report are state/federal regulation statutory liability limits federal government indemnification liability disclaimers, liability insurance, and mandatory risk pooling. Approaches to these potential solutions are described in the paper.