StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

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

Cite this document
Summary
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 paper File format: .doc, available for editing
GRAB THE BEST PAPER97.1% of users find it useful
Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio
Read Text Preview

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 pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“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 https://studentshare.org/law/1446359-search-law-reviews-on-lexis-to-research-the-tort
(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. https://studentshare.org/law/1446359-search-law-reviews-on-lexis-to-research-the-tort.
“Law Reviews on Lexis- The Tort Reform Legislation in the State of Ohio Research Paper”, n.d. https://studentshare.org/law/1446359-search-law-reviews-on-lexis-to-research-the-tort.
  • Cited: 0 times

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

Understanding of the Rule of Law

icey's views on the rule of law derived from the basic idea that the state must adhere to predetermined rules in its dealings and relationship with its citizens, rather than govern in secrecy, arbitrarily or unaccountably, all of which are characteristic attributes of tyrannical, dictatorial and authoritarian regimes.... hellip; Less certain, however, is any ability to point to a single, tangible definition that distils precisely what is meant by the term 'rule of law' in a constitutional context. Although the UK does not have a formally written constitution, it would clearly be misleading or even false to state that it has an unwritten constitution....
8 Pages (2000 words) Book Report/Review

United States Healthcare Reform Bill of 2001

Dorothea Dix, a social activist proposed this bill that was passed by both the Houses of Congress but President Franklin Pierce vetoed the bill and argues that the state is responsible for social welfare and not the federal government has the responsibility to provide fund for this purpose.... The purpose of the following literature review is to evaluate the importance of the healthcare reform bill 2010 to the healthcare sector in the United States.... The writer aims to discuss major issues and address critical debates associated with the reform....
8 Pages (2000 words) Literature review

The Supreme Court Reborn by William E Leuchtenburg

Owen Roberts, in his Butler opinion striking down the Agricultural Adjustment Act, restricted Congress's use of its power to tax and spend for the general welfare because he found its use in the act to actually be an attempt to exercise a power reserved for the state.... ) the state is without power by any form of legislation to prohibit, change or nullify contracts between employers and adult women workers as to the amount of wages to be paid.... According to Leuchtenburg, the legislation introduced under the Questions and Answers Chief Justice Hughes' dissent in the Rail Pension Case revealed that his fundamental objection to Roberts' majority opinion focused on: A....
1 Pages (250 words) Book Report/Review

Can the Law Compel Business Paarties to Negotiatie

One of this has been identified as legislation.... In this case, legislation denotes any existing domestic statutes, international treaties, regulations, investments codes and bilateral investment treaties.... Many countries have exhibited their commitment to include their business policies in different legislation codes in a bid to indicate their level of seriousness.... Issues covered by the available legislation include the form of trade, the securities guaranteed and involved, compensation, tax, the size of the business and the mechanism to be adopted during dispute resolution....
5 Pages (1250 words) Book Report/Review

Divorce as an International Phenomenon

According to the Hague Convention relating to the settlement of the conflicts of law and jurisdiction as regards to divorce and separation, a divorce can only be allowed if the national laws of a country where the divorce petition is lodged allow for divorce, this has been modified by various states legislation to allow that a divorce can only be issued in the state where the marriage was celebrated.... A divorce is the dissolution or termination of marital union between two people thereby cancelling their legal duties and responsibilities within the marriage under the rule of law of a particular state....
18 Pages (4500 words) Literature review

European Commission Competition Law

Treaty provisions that prohibit Member state measures contrary to Treaty rules about public undertakings and undertakings with special or exclusive rights have been the foundation for the long-term liberalization program to reform traditional infrastructure monopolies.... he Commission's decisions can be reviewed by the Community's judiciary, which is usually the Court of First Instance or CFI and this allows the Commission to devise new strategies in relation to particular aspects of competition policy or state aids....
13 Pages (3250 words) Literature review

Gideons Trumpet by Anthony Lewis

“Petition for a Writ of Certiorari Directed to the Supreme Court state of Florida” (Lewis, 3).... This time Gideon feels that the law offends him by not providing justice in accordance to amendment fourteen which states that “No state shall…deprive any person of life, liberty or property without due process of the law” (Lewis, 3).... Cochran, Gideon states that the lower court overlooks amendment fourteen of the law while ruling on his case....
5 Pages (1250 words) Book Report/Review

Analysis of Tales from the Sausage Factory: Making Laws in New York State Book

If that is compared to the state of affairs today, it is noted that today's NY State legislature is much of corrupt and dysfunctional outfit that is struggling to regain the past glory.... The book outlines the declines of the state's legislative processes and approaches along certain timelines and lists down some of the laws that have been passed by the assembly which depict serious lapses vis-à-vis the pinnacles of excellence of the 1970s and 1980s.... The author examines "The Tales from the Sausage Factory: Making Laws in New York state" by Benjamin Gerald & Feldman Daniel which is for any political student who is keen to understand how much the New York state legislative processes have changed in the past few decades… Tales from the Sausage Factory: Making Laws in New York state is no doubt an eye-opener for many concerned New Yorkers and many other Americans who do not reside in New York but recognize the role it plays in the US....
6 Pages (1500 words) Book Report/Review
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.
Contact Us