"We frequently apply this simple principle but guard against doing so simplistically." The act trades off an injured worker's ability to sue an employer in tort in exchange for the right of asserting
no-fault liability against the employer for an injury.
When they were developed decades later, worker's compensation systems substantially expanded that concept to create
no-fault liability for all work-related injuries and illnesses in return for limits on benefits and awards.
Our precedent supports this outcome and it is consistent with the public policy underlying
no-fault liability. Allowing six years for bringing claims against an insured but only three years for bringing claims against a self-insurer is both unfair and unnecessary.
'A
No-Fault Liability System must be set up to compensate families of those who sustained bodily injuries, or died after being shot by trigger-happy police officers.'
[38] However, Ken Oliphant, former director of the European Centre of Tort and Insurance Law in Vienna, Austria, correctly states that it seems that
no-fault liability schemes are back on the reform agenda internationally, even if only a limited number of countries have actually implemented such schemes.
In many of these cases, the determination of responsibility and thus liability has been achieved through the application of traditional principles of civil law such as tort and
no-fault liability for potential sources of danger.
The flipside of
no-fault liability of workers' compensation carriers for the consequences of work-related injuries and diseases is employer immunity.
Aspects such as the purpose of the Act, the rights of patients, obligations/responsibilities of the medical practitioner (who is the supplier of services and/or goods),
no-fault liability and recourse available for the consumer, are discussed.
The BJP had opposed the Rs500 crore cap on compensation terming it too less and also the
no-fault liability provision.
It fixes
no-fault liability on operators and gives them a right to recourse.
(58) Before jumping into the discussion of whether the contractual solutions for products liability are attractive, it pays to return to take note of the shifting valence of contract: at the early stages of the development of products liability, contract contained within it both expansion (since it was
no-fault liability) and limitation (since it was based on privity) of liability.
When negotiations between state officials and CSX to buy the Worcester-to-Framingham right-of-way bogged down, he initiated an effort by the full congressional delegation to persuade the freight rail company to rethink its insistence on a
no-fault liability clause.
