Search results for "Legal liability"
showing 10 items of 12 documents
Methods of Ascertainment of Personal Damage in Germany
2016
The chapter illustrates the historical, judicial and juridical framework of personal injury assessment and compensation in Germany, describing the expert’s qualification and competences and detailing the ascertainment methodology and criteria of evaluation utilised for identifying, describing and estimating any personal injury, its temporary and permanent consequences and the causal value/link between the event and the injury and between the injury and the impairment/disability.
Jurisdiction and applicable law in cases of damage from space in Europe—The advent of the most suitable choice—Rome II
2010
Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities w…
Legal Liability of Professional Engineers: The Case of a Fire at a Shopping Center
2019
In this paper, the authors discuss the legal liabilities of the professional engineer as both the engineer of record of a project and the construction site manager. In particular, this paper analyzes the case of a fire at an end-user MV/LV substation of a shopping center in Italy, occurred a few years after maintenance works on the electrical installation. The professional engineer who had designed and overseen the construction of the substation was accused of criminal negligence. The authors through the examination of applicable technical standards, as well as of safety regulations, demonstrate that the professional engineer had acted diligently and that there was no ground for the neglige…
A Victim of a Road Traffic Accident Not Fastened by the Seat Belt and the EU Motor Insurance Law: CJEU Judgment in Vítor Hugo Marques Almeida
2013
This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the European Union law, its regulation falls within the national law. Yet, application of the national civil liability law shall not undermine the obligation to provide insurance coverage for victims of road traffic accidents. The discussed case concerns a situation when a victim who was not fastened by a seat belt at the moment of a motor traffic accident was injure…
El resarcimiento del daño moral en España por las intromisiones ilegítimas en la intimidad del otro cónyuge
2019
espanolResumen: El presente trabajo versa sobre el concreto aspecto de la responsabilidad civil en Espana derivada de las intromisiones ilegitimas en la intimidad del otro conyuge, y ello con independencia de que el resarcimiento del dano se otorgue en la jurisdiccion civil o penal, pues el articulo primero de la Ley Organica 1/1982, de 5 de mayo, de proteccion civil del derecho al honor, a la intimidad personal y familiar y a la propia imagen, establece que sus criterios seran igualmente aplicables para la determinacion de la responsabilidad civil del delito. EnglishAbstract: The present study sets out the concrete aspect of civil liability in Spain derived from unlawful interferences in t…
Accuracy and Preferences for Legal Error
2020
We study the interactions between accuracy and standards used in the determination of legal liability. First, we show that accuracy and type-1 errors (wrongful findings of liability) must reduce each other's effectiveness in mitigating optimal type-2 errors (wrongful failures to assign liability) for previous results in the literature to hold. When this condition holds, for major crimes the median voter's tolerance for type-1 errors is reduced as the legal system's accuracy increases. However, this relationship need not hold for minor offenses. Our analysis also reveals that legal processes that emerge under electoral pressures convict more often than is optimal but less often than necessar…
Legal Liability Regarding The Regime of Organization, Systematization and Signalization of Roads in Romania
2017
Abstract People and society`s life can not be understood out of conduct rules that must be respected by everybody. Legal liability represents both a fundamental form of law and a basic component of the whole legal system. One of the fundamental principles of law is liability. Those who break legal rules alter laws and citizens` legal rights and interests. They disturb, sometimes in a serious way, public order and good going, thus, endangering the most important values of society. Either the frequency or severity of breaking laws or their negative impact on social balance and legal order oblige law makers to both set up accurately the limits of liability regarding these commitments and penal…
Role of Foreseeability in Imposition of Civil Liability
2021
The purpose of this article is to offer an insight into the role of foreseeability in imposition of civil liability. The article contains analysis of the principle of foreseeability from various points of view, for example, by analysing it from the perspective of the general (fault-based) model of liability as well of the strict liability. Likewise, the article analysis the role of foreseeability during determination of preconditions to civil liability, for example, by introducing it into the concepts of “fault” and “causation”. The aspects referred to in this article are predominantly analysed from the theoretical perspective. The article references various legal sources from different co…
Legal liability in bisphosphonate-related osteonecrosis of the jaw
2014
Bisphosphonate-related osteonecrosis of the jaw (BRONJ) is an adverse reaction that may occur in patients administered with bisphosphonates (BP). This condition can cause high morbidity and hinder quality of life. Its treatment is complex and often unsatisfactory, and prevention strategies may have limited effectiveness, if any. Thus, managing patients treated with BP may result in exposure of the practitioner to legal liability or malpractice claims: legal actions pursuant to BRONJ are reported to be underway on three continents. Nonetheless, the attribution of liability, if any, is a complex process requiring, on the basis of current knowledge, a robust and pragmatic approach to the facts…
Professional liability in oral surgery : legal and medical study of 63 court sentences
2010
Objectives: Dentistry, like all other health care professions, has in recent years been subjected to an increase in legal pressure by patients. Nevertheless, there are areas of activity in dentistry in which, whether because of their frequency or due to the importance of the damage and sequelae claimed, this legal pressure is greater. Amongst these areas of activity is that of oral surgery. Study design: To be meticulously analyzed in this report are 63 sentences issued by courts of second instance or higher levels regarding lawsuits involving oral surgery. The data collection file includes 13 variables. The descriptive and comparative statistical study by cross-referencing certain variable…