Negligence: Causation: Liability under Statute for Injury Resulting from Fire Started by Railroad Locomotive

PTSD in railroad drivers under the Federal employers' liability act.

Railroad and subway drivers can experience psychological trauma when trains strike or nearly miss other trains, motor vehicles, or persons or become instruments of death. Derailments, collisions, and suicides on the tracks can induce feelings of helplessness, horror, guilt, and anxiety in the drivers. Although some drivers experience acute stress disorder (ASD) or post-traumatic stress disorder...

Negligence, Causation, and Incentives for Care

We present a new model of negligence and causation and examine the influence of the causation test on the level of care under negligence. In this model, the injurer’s decision to take care reduces the likelihood of an accident only in the event that some nondeterministic intervention occurs. The effects of the causation test depend on the information available to the court, and the manner in wh...

The expansion of liability for medical accidents: from negligence to strict liability by way of informed consent.

Strict versus Negligence Software Product Liability

The law of products liability in tort is designed to maintain a reasonable balance between the inevitable social costs and the benefits of innovative product technologies. Technological development must be supported not only for the best interests of the public but also the side effect namely product defect into one of the following: (1) manufacturing defect; failures to correctly implement saf...

Strict Liability versus Negligence in Indiana Harbor

In January of 1979, a railroad tank car containing the chemical acrylonitrile started leaking at a rail yard in south suburban Chicago. The chemical was manufactured by American Cyanamid Co (Cyanamid) in Louisiana. Cyanamid had leased the tank car, filled it with acrylonitrile, and delivered it to the Missouri Pacific Railroad for transport to the Chicago suburbs. The leak occurred while the ca...