With the deterioration of the environment and increasingly seriously environmental damage, the spread of the environmental responsibility scope is one of means to respond environmental crises. The federal Comprehensive Environmental Response, Compensation and Liability Act 1980 (CERCLA of US) imposed strict and joint liability to commercial banks and made them first become the main principle of...

In a large number of products liability lawsuits, sellers assert that plaintiffs’ claims should be rejected because their products fall under some federal regulatory regime, and that the regulatory statute takes precedence over or “preempts” state tort law. This paper is an attempt to set out a positive theory of the doctrine on preemption of products liability claims. The federal case law is l...

Who is ultimately responsible for the harms that befall us? Corporations who make dangerous products, or the consumers who use them? The answer to this question has a profound impact on how personal injury lawyers screen products liability cases. In this chapter, I analyze results from an experimental vignette study in which 83 lawyers were asked to evaluate a hypothetical products liability ca...

This Article asks whether parents who choose not to vaccinate their child should be liable if that child, at higher risk of infectious disease than vaccinated children, transmits a vaccine-preventable disease to another. The Article argues that a tort remedy in this situation is both desirable and appropriate. It is desirable to assure compensation to the injured child and the family, who shoul...

In this paper we discuss a new tort liability rule, which we call super-symmetric comparative negligence and vigilance. When both injurer and victim in an accident are negligent, it provides for liability shares that depend on the degrees of negligence of the two parties, similar to the standard comparative negligence rule. Unlike standard liability rules, however, when both parties are vigilan...

Abstract In most jurisdictions, the burden of producing evidence on a contested issue traditionally falls plaintiffs. tort claim, this de facto creates presumption non-negligence in favor injurers. Some legal systems Europe placed renewed attention “presumed liability” rules, which instead create negligence against paper, we analyze effects alternative presumptions parties’ care incentives pres...

The recognition of the intrinsic value environment and natural resources contributed to establishment liability for damage per se, which, coupled with traditional environmental tort liability, constitute double facets civil liability. Although two share some common characteristics, their distinct focuses indicate that they cannot be fully covered by law or systems alone. As a result, an interna...

In addition to the traditional methods of analogy law and lex, application recommended clarifications higher specialized courts, role principles justice, good faith reasonableness, which by their properties can serve as a fundamental, universal optimal basis for modeling decision based on specific civil case.
 Roman is formation source Romano-Germanic type`s legal system, including creatio...

In three studies, participants assigned civil liability at moderate to high rates to injurers whose conduct was not negligent, holding them to a strict liability standard. The law would generally not assign liability in these cases, instead only imposing it when the actor was negligent or when the activities were “abnormally dangerous.” Participants are more likely to assign liability in the ab...