Nobody downloaded yet

Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio - Research Paper Example

Comments (0) Cite this document
Law Reviews on Lexis - The Tort Reform Legislation in the State of Ohio Name: Institution: Law Reviews on Lexis - The Tort Reform Legislation in the State of Ohio There have been several attempts over the past decades aimed at reforming the American tort system…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.9% of users find it useful
Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio
Read TextPreview

Extract of sample "Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio"

Download file to see previous pages For these reasons, there have been several tort reforms championed by reform proponents on various changes aimed at correcting the perceived wrongs. These changes include the burden of damage caps, changes made in the substantive tort law, judicial oversight, and time limit for filing claims, and the limitations on the attorney’s fees. This legal memo will primarily focus on a single state, the State of Ohio given that most of the tort reforms in the U.S have been focused on states simply because issues of tort have been for many years thought of as local matters. However, at the national level, significant efforts have also been made to implement tort reforms both judicially and legislatively. We can find efforts of state tort reforms in several decisions that were largely adopted such as the influential decision in Heningsen v. Bloomfield Motors which was described as pioneering the fall of the citadel due to its attack on abrogation of the doctrine of privity and for its very broad policies. Other landmark decisions included the adoption of the strict liability tort in the case of Greenman v. Yub Power products, inc., in the Supreme Court of California, and the Larsen v. General Motor Corp. case which recognized the crashworthiness doctrine. These decisions are the once considered to have triggered the revolution of tort reform which paid much attention on products liability 39 Akron L. Rev. 909. The General Assembly in the State of Ohio has countered certain actions of the judicial process, which are seen to have created some sort of imbalance in the law, which offers special treatment. These include three different and unique set of cases of which two correspond to the influential decision in Larsen, Greenman, and Henningsen. In the case of Temple v. Wean United, Inc., the court assumed the strict liability in tort as articulated in section 402A of the restatement. This included the comments in that restatement, and in so doing, the court rejected contributory negligence as a way of defense. In an earlier case of Lonzrick v. Republic Steel Corp., the court further clarified its decision by recognizing the strict liability in warranty without privity. In the case of Jones v. VIP Development Co. and Blankenship v. Cincinnati Milacron Chemicals, Inc., the court extended the intentional exception to workers compensation immunity tort by articulating that it only applied to where injury was certain to happen. Finally, the court adopted the seminal decision of enhanced injury or crashworthiness in the case of Leichtamer v. American Motors Corp. 39 Akron L. Rev. 909, 909-911. In Ohio State a plaintiff is not barred from recovering damages, which have proximately and directly been caused by the conduct of other persons, one or more. In the case where it is considered that the contributory fault clause of the plaintiff in question is less than that of the combined tortuous conduct of all the other parties of whom the plaintiff seek recovery of damages, his/her (the plaintiff) recovery is reduced by a sum that is proportionate to the percentage of the plaintiff’s tortuous conduct Ohio Rev. Code Ann. § 2315.33. A good example of tort reform include the Ohio state revised Code section 2315.19 which addresses comparative negligence statute which does not affect the strict liability in any way. This is considered by many, a pro-injured statute which for long has been viewed by scholars as a means of ensuring greater ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio Research Paper”, n.d.)
Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio Research Paper. Retrieved from
(Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio Research Paper)
Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio Research Paper.
“Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio

Tort Law

...Law December 19, Tort Law In this case, law mainly talks about gas leakage occurred in a pub. Alan was the landlord of that particular pub. In case of a contract, the responsibility is imposed by a contract among the parties, while in tort the duty already stands direct by the act without any alternative. Besides, in a contractual relationship, the responsibility imposed by law is in the directions of the other party, by whom there is privity of agreement. In tort, the responsibility lies in the directions of the members of the public or world at large, with whom there is no requirement for any contract. “A...
3 Pages(750 words)Assignment

Tort law

...Yorkshire Police , 1 AC 310 (1992). Buckley, R. A. (2006). Occupiers' Liability in England and Canada. Common Law World Review , 35(3), 197 – 215. Frost v Chief Constable of South Yorkshire Police , 3 WLR 1194 (1997). Harpwood, V. (2008). Modern Tort Law. Taylor & Francis. Herrington v British Railways Board, AC 877 (House of Lords 1972). Hunter v British Coal Corporation , 2 All ER 97 (1998). Jaensch v Coffey , 54 ALR 417 (1984). Kralj v McGrath , 1 All ER 907 (1986). McLoughlin v O'Brian , 1 AC 410 (1983). Occupiers’ Liability Act (c.3). (1984). Crown copyright. Occupiers’ Liability Act (c.31). (1957). Crown copyright. Page v Smith , UKHL 7 (1995). R Addie & Sons...
7 Pages(1750 words)Essay

Tort Reform

...Court System, Judy Kluger argues that the reform would protect the patients who get injuries by providers’ mistakes. Kluger also says that costs associated with medical malpractices can be minimized by the introduction of the proposed tort reform (Point of The state of Texas successfully implemented the tort reform in 2003 in order to improve the efficacy of the patient- friendly ‘malpractice laws’ in 2003. The experience of Texas indicates the necessity of the tort reform in all fields as they could bring considerable changes in healthcare after the implementation of the...
2 Pages(500 words)Essay


... York:Oxford University Press, 2010. Print. 5. Misrepresentation Act 1967 6. Pasley v. Freeman (1789) 7. Richards P. Law of contract.8thedition. Edinburgh gate: Pearson Education Limited, 2007. 8. Rowley & Ors v Secretary of State for Department of Work and Pensions (2007) 9. Turner, C., Hodge, S. Unlocking Torts.3rd ed. London: Hodder Education, 2010. Print 10. Unfair Contract Terms Act 1977, sec. 2 11. Unfair Terms in Consumer Contracts Regulations 1999, Section 5 12. Wild C., Weinstein S.,. Smith and Keenan’ English Law. Text and Cases. 16th edition. Pearson Education, 2010. 13. Winfield & Jolowicz. Tort. Sweet & Maxwell, 2010. Print... ?TORT ESSAY In Fred’s situation, the legal regulations regarding the...
6 Pages(1500 words)Essay


...? TORT LAW Institute The issue in this question requires an analysis of Occupiers Liability Act 1957 and 1984. The Acts have not defined what an occupier means, the only decisive element is that there must be control of the premises. A detailed discussion in respect an occupier was provided in the decision of Wheat v Lacon1. In respect of the facts at hand it is evident that Eric is the owner of the museum and has sufficient control over the premises to be considered as an occupier. Occupiers Liability Act 1957 deals with lawful visitors as described in s.1(2) whereby a common duty of care is owed to such visitors. The status of the entrant is quite easily that of a...
10 Pages(2500 words)Essay

Tort Reform

...controversy among medical practitioners, insurance providers and victims counsel. The proposal was brought about by the Maine legislature as a result of successful implementation of the same in other states such as Florida and Massachusetts. Issues that Necessitating Reform Tort reform in Maine State is as a result of issues and factors that are not unique to the state. Many other states such as Florida and New York have had the same issues and passed similar legislation to reform their medical malpractice tort laws. The main issues that have led to the...
3 Pages(750 words)Research Paper

Health Sciences - Tort Reform

...would result in an increased attacks in the Medical Injury Compensation Reform Act. This Act is the old tort reform that is responsible for keeping the market of medical liability insurance stable (Albert, 2004). The tightening of the law by the state of California resulted in nearly $ 3,000, 000 in fines. These fines were being levied against hospitals in Los Angeles, San Francisco, and San Diego etc. These changes in legislation have resulted in drastic changes in hospitals especially with regard to surgical policies across the state (Scarlet Law group, 2012). References Albert, T.(2004). California...
3 Pages(750 words)Assignment

Tort Law situations whereby the plaintiff may file an injunction which prevents the defendant from injuring him or her or from invading one of his or her property. Tort laws are laws instituted to offer compensation to persons who have been harmed due to the irrational actions of a second or third party. The claims in tort generally involve state law, and are based on the postulation that individuals are at all times liable for their own actions, if it either directly or indirectly results in the injury of others. Tort law constitutes a branch of private law that is also characterized by...
8 Pages(2000 words)Essay

Tort law

...result in harm. It fails to consider the extent of damage that would have resulted if an individual completely omits such a duty. In my opinion, a law reform should be implemented in order to make this law even more effective. It should reflect on the harsh clauses that can result in avoidance of duties that would be of more benefit to the society as a whole. With amendments, the Tort law would be a more effective civil law. References Faure, G. (2011). Liability for Omissions in Tort Law: Economic Analysis. Retrieved...
4 Pages(1000 words)Essay

O'Brien v. Ohio State University

...O'Brien v. Ohio State University 1. The Court of Claims judge in this case interpreted the facts in favor of O'Brien when the judge characterized the loan as given for humanitarian reasons and not given to gain an improper recruiting advantage. What facts might support a more sinister interpretation of the coach's conduct? In 2004, the Ohio State University officials fired then coach Jim O'Brien. The allegations on the basketball coach were that he broke the terms of his agreement. To assume a more sinister interpretation of O'Brien's conduct one needs to look into the reasons why the court decided in his favor in the first place. To be absolved in the eyes of the law, University had to prove that O'Brien's actions, which were... the...
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio for FREE!

Contact Us