The Covid-19 pandemic has cost human lives and threaten the world’s economy. Responding to this unprecedented history, governments are expected take both public health economic recovery actions. This article conveys analysis on how Indonesian courts might examine government tort cases government’s liability in handling pandemic. A normative juridical method is used analyze primary secondary leg...

Article Response of the European Law Institute to Public Consultation on Civil Liability – Adapting Rules Digital Age and Artificial Intelligence was published April 1, 2022 in journal Journal Tort (volume 13, issue 1).

Although liability under general tort and contract law principles is not limited to a certain amount, liability arising under a carriage contract is limited by the majority of international transport conventions and national legislatures. Undoubtedly, limitation of liability is one of the most important elements of shipping law since, today, the carrier’s liability insurance system is based exc...

By many accounts, the United States is in the midst of its third medical malpractice “crisis.” Physicians in several states are facing high and rising premiums. The largest national medical malpractice carrier and some large multistate physician-backed liability firms have recently left the market. Rising premiums are traced largely to increases in claims severity. Capping malpractice payments ...

How do lawyers decide which cases to accept? Previous studies suggest that they use a simple risk/return formula to make such decisions. I argue, however, that legal environments also shape lawyers’ decisions. Analyses of in-depth interviews with lawyers across four states demonstrate that lawyers make different decisions about cases in different legal environments. Lawyers in states without to...

1 As a preliminary remark, we need to mention that the rules of tort law apply equally to both adults and children. Indeed, children can be liable under the general rules of tort law provided by artt. 2043 et seq. of the Italian civil code (Codice civile, c.c.), since no minimum age has been fixed by the legislature as a condition for liability. However, courts have progressively adapted these ...

The past few years have seen a sharp increase in premiums for medical malpractice liability insurance, which health care professionals buy to protect themselves from the costs of being sued (see Figure 1 on page 2). On average, premiums for all physicians nationwide rose by 15 percent between 2000 and 2002—nearly twice as fast as total health care spending per person. The increases during that ...

Medical liability coverage has become increasingly expensive and scarce since 2001, especially for obstetrics and other high-risk specialties. Physicians, whose own fees are constrained, see this as a crisis needing tort reform to cap payouts. Plaintiffs' lawyers fight caps; they blame insurance trends and call for stronger regulation of insurers and physicians. Doctors' arguments are somewhat ...