...Interrogatory No. 15: Do you claim that your ability to engage in any type of gainful employment has been affected by the accident? ___ If so, state: A. The specific condition which limits your ability to engage in gainful employment. B. The economic loss caused by your inability to find gainful employment. C. Your method of computation for computing such loss. Interrogatory No. 16: Provide the identity and location of any nonparty identified in your response to Interrogatory No. 5 above, who you claim, pursuant to A.R.S. § 12-2506(B) (as amended), was wholly or partially at fault in causing any personal injury, property damage, or wrongful death for which damages are sought in this action. Interrogatory No. 17: Do you have liability insurance or are you aware of any other form of indemnity which you claim is applicable to this accident? ___ If the answer is yes, state: A. The name of the company or companies, including any excess or umbrella carriers, which you claim provide coverage. B. The policy number or numbers of any applicable policy. C. The limit or limits of liability of each policy. D. The named insured on each policy. E. Whether the insurance carrier has accepted or denied...
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...Psychiatric injury was defined as “a sudden assault on the nervous system” or “a sudden appreciation of a horrifying event, which violently agitates the mind”. Psychiatric illness includes all forms of mental illness, neurosis and personality change that are medically recognised. This must be differentiated from severe fear or emotional distress, grief , or sorrow which by themselves do not give rise to liability except where the fear , distress ,grief or sorrow lead to either a physical illness such as anxiety neurosis or reactive depression. Psychiatric illness may occur either as a result of deliberate act which is intentional in future or from negligence. If the act is done intentionally , the principle of Wilkinson v Downton is applicable. Until relatively recently, the tort of negligence relating to claims for psychiatric injury was very uncertain. However, in recent times, this area of law has become slightly more certain with the laying down of various guideline and criteria governing whether an individual can recover damages as a result of witnessing an event which causes them some form of psychiatric injury. The court have been very in detail in holding that a duty of care exists in cases where the type of damage suffered by the plaintiff is one of nervous shock though the preferred expression now is “psychiatric injury or illness” . While the decision in McLoughlin v. O'Brien appeared to usher in a new age of judicial acceptance of psychiatric illness, the modern...
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...victims to claim compensation for their suffering. If you have been the victim of an accident and wish to make a personal injury claim you may be finding it difficult to know where to start. There are many situations in which a claim is likely to be made. However, there are common accidents that the majority of personal injury solicitors in London will have extensive experience of. Common accidents Road traffic Accidents – Accidents of this nature unfortunately happen regularly. If you have been a victim of a road traffic accident and you believe that you were not responsible then you may be able to make a claim. For example, if you are required to drive for...
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...Theme: Technogenic hazards. Outline: 1 Technogenic emergencies and accidents 2 Transport accidents 3 Accidents on chemically hazardous objects (HHO) 4 Accidents at radiation hazardous objects (RHO) 5 Accidents on fire, explosion hazardous objects (FEHO) 6 Accidents on hydro-technical construction (HTC) 7 Electric shock TECHNOGENIC EMERGENCIES AND ACCIDENTS Technogenic (Anthropogenic) tmergensies - the situation in a certain area, established as a result of the accident, a major accident (crash) that resulted in the loss of life, damage to human health or the environment, considerable material losses and disruption of human living conditions. Anthropogenic catastrophe - an event with tragic consequences, a major accident with human death. Classification of accidents by severity and scale: Accident - minor accident with minor damage. Accident to the great detriment called - major accidents. Catastrophe - a large-scale accident that led to numerous casualties, significant property damage and other severe consequences. Accidents include the damages of: - Machines - Equipment - Vehicles - Power systems, buildings. They may be accompanied by explosions, fires, release of chemical, radioactive substances, without considerable material damage and serious human casualties (explosions can be caused by improper use of household and gas stoves or gas cylinders). In most cases, these accidents are evoked by violation of the production technology, a large depreciation...
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...Festus M Epetimehin PhD Joseph Ayo Babalola University, Ikeji- Arakeji fessy51@yahoo.co.uk, fmepetimehin@jabu.edu.ng Abstract This study examines risk exposures among Road Transport Worker and their methods of mitigation. A simple random sampling technique was used to select respondents from Lagos State. Nigeria. In order to determine how different types of risk exposures contribute to number of accidents on the roads, Cramer’s V was used to analyze and test the formulated hypotheses at 0.05 significant levels. The result of the findings revealed that age, driving experience, treatment seeking behavior and speed limit have significant relationship with drivers’ risk exposures. The study also reveals that younger drivers are more exposed to accident than older drivers and the treatment seeking behavior used by the Road Transport workers exposed them as well as their families to financial danger. In line with these findings, it was recommended that Road Transport Workers, RTW should use a formalized means to mitigate their losses. Keywords: Risk, Vulnerability, Mitigation, Risk exposure, Accident, Insurance 1.0 Introduction Risk is an integral part of mankind. It is a permanent and important part of life. Everyone is exposed to various kind of risk including their properties. The willingness on the part of insurance industry to underwrite these kinds of risks the society is exposed to is crucial to achieving sustainable development. It is obvious that the higher the level of development...
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...Appendix 18f The Hong Kong Polytechnic University Health, Safety and Environment Office HSE Form 2 (01/2009) For HSEO Use Case No.: 香港理工大學 健康安全及環境事務處 Accident/Incident Report Form 意外/事故報告表 Note: This report form should be completed and sent to the Health, Safety and Environment Office in sealed envelop through the Head of Department within 72 hours of the accident/incident. Please refer to Accident/Incident Reporting and Investigation Procedure (Section A400, Health and Safety Guide). The information provided herein will be used for investigation and compiling accident statistics. In case of work-related accident to employee of the University which results in death or partial incapacity, the concerned department should complete HR Form 67 instead of this form. The HR Form 67 should be filed with the Human Resources Office immediately after such an accident is known and a copy of the form be sent to the Health, Safety and Environment Office. 注意: 此表格須經部門主管於意外/事故發生後七十二小時內批注，以密封函件轉交健康安全及環境事務處。本表格內容只供意外調查及 統計之用。請參考理工大學安全健康指引中A400 號文件：事故及意外之報告及調查程序。 若為僱員因工遭遇意外而致死亡或喪失部份工作能力，有關部門應填寫人力資源處表格HR Form 67，並將副本呈送健康安全及環 境事務處。 1. General Information of Accident: 意外資料 Date 日期: Time 時間: Location of Incident/Accident Department in charge of the location 事發地點: 事發地點所屬部門: 2. Nature of Incident: 事故性質 i. Personal injury 個人損傷 ii. Damage to property/equipment 財物損失 iii. Spillage of chemicals 化學品洩漏 iv. Fire 火警 v. Incident of significant environmental...
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...LAW OF TORTS, MV ACCIDENT AND CONSUMER PROTECTION LAWS II AMBIKA NEGI PRN NO- 15010321035 BA LLB (A) ROLL NO- 35 UNDER THE GUIDANCE MRS. M. V. CHANDRAMATHI Symbiosis Law School, Hyderabad Symbiosis International University, Pune CERTIFICATE The Project entitled- ‘Compensation to the motor vehicle victims- legislative and judicial approach” submitted to the Symbiosis Law School, Hyderabad for Law of Torts, MV Accident and Consumer Protection Laws II as part of internal assessment is based on my original work carried out under the guidance of Mrs. M.V. CHANDRAMATHI. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on. Signature of the candidate Date: 14 August 2015 INDEX S.NO | PARTICULARS | PAGE NO. | 1. | TITLE PAGE | 01 | 2. | CERTIFICATE | 02 | 3. | ABOUT THE PROJECT | 04-08 | 4. | BIBLIOGRAPHY | 09 | Compensation to motor vehicles victims – legislative and judiciary approach. In order to give effective rights to the person injured or expired in an accident, Fatal Accidents Act, 1885 was enacted in India. This Act provided only a procedure and...
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...THE HEADLESS HORSEMEN Kori Mac December 20, 2012 Most people that have had the opportunity to own a motorcycle or ride on the back of a one. I can attest to how exhilarating and free the feelings of being one, seamlessly with the motorcycle and nature can be; unfortunately there is a downside to being exposed to nature, without protection of metal and cushion in way a car commonly provides. There is an inevitable risk of serious injury in the event one mistake is made either from the motorcyclist, an operator of a car, bus or truck; ultimately a tragedy may occur if the vehicle operator of either is not paying attention. Congressmen and legislation are not providing the laws, urgency, and incentives to protect the lives of motorcyclist; Congressmen and legislation are contributing to a possible epidemic of “Headless Horsemen” by blindly allowing motorcyclists to have the option of not wearing a helmet while operating these high-speed vehicles. I am a fellow motorcyclist; I have had the pleasure of riding motorcycles since my early twenties (over 17 years). I spent this past year in Orlando, Florida, and coming from Washington, DC, the weather was quite different; it was sunny all the time, and I loved it. I often stated to myself “This is a perfect motorcycle day!” for most of the year, but within the same breath I would see a motorcyclist zoom past me, riding on average 75 miles per hour (mph), without a helmet. My feelings changed immediately...
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...Key Terms and Concepts Accident-analysis report is defined as a report that is completed when the accident in questions is serious. This analysis report requires special skills and should be undertaken only by an individual with those skills. The term also means at any of the following circumstances result from the accident in question: death, loss of consciousness, professional medical, etc. (Goetsch, p.166). Accident investigation is defined as an investigation its purpose is to collect facts not to find fault. The term also means a determination of all the events that led to an accident including understanding causal relationships between events (Goetsch, p.166). Accident report is defined as a report that’s completed when the accident in question represents only a minor incident. The term also means to record the findings of an accident investigation, the cause or causes of an accident, and recommendations for corrective action (Goetsch, p.165). Accident scene is defined as an area where the accident happened that is usually blocked off by barriers or heavy yellow tape. The term also means the area where an accident occurred (Goetsch, p.169). Causes is defined as the primary focus. Personal beliefs and feelings, decision to work unsafely, mismatch or overload are some common causes of accidents. The term also means a person or thing that acts, happens, or exists in such a way that some specific thing happens as a result (Goetsch, p.166). Decision to...
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...economic efficiency view and the corrective justice view. Explain the reasoning behind each of these views. Economic Efficient View states: * Accidents causing harm set back the common good. * The economic account reasons that by internalizing the costs of accidents to those who cause them, parties will be motivated to prevent accidents that set back the common good. * Is similar to the idea of deterrence in criminal law. * Forward looking: emphasizes the way common good is better furthered by the tort system (the economic account). Corrective Justice Theories of Tort view states: * The justice account holds that the point of tort law is to rectify an injustice that exists because of a party’s tortuous act. * Instead of looking at tort from overall societal good (measured in wealth), the justice account focuses on the nature of the interaction between the victim and the tortfeasor (the wrongdoer who committed the tort) * Backward-looking: suggesting that the common good includes appropriate responses to injustice (the justice account) Which of the two views do you think is more persuasive? Why? It depends on the type of tort case. While the Economic account measures in terms of “internalizing the costs of accidents to those who cause them, parties will be motivated to prevent accidents that set back the common good.” When analyzing this approach it makes clear that this best suites class action suits or wrongs against society as a whole...
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...have debated nature vs.nurture, something that has a great influence on a persons behaviour. Nature is a genetic material while nurture refers to the experiences you've had. In Truman Capote "In Cold Blood" Capote expresses that both nature and nurture play a role in a persons life. Richard "Dick" Hickock was a star athlete and a successful student. While Perry Smith has had a very traumatic life from moving, suffering from abuse, etc. What made these two very opposite people, come together to commit one awful crime? Smith had a terrible upbringing. Starting with parents that didn't get along, a mother who abandoned her family, and sister who committed suicide. Capote goes into full...
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...Scholar and Lexis Nexis to find the article relating to the legal concept this case addresses. NATURE OF THE CONTROVERSY: Darwin Kruse, an employee of Coos Head Timber Company, was suing his employer because he claimed he lacked sufficient mental capacity to understand the compensation agreement he signed after suffering injuries from an accident at work. PROCEDURAL HISTORY: This case was brought before the court because Darwin Kruse, an employee of Coos Head Timber Company, is seeking to recover damages for injuries he suffered as a result of an accident he had at work. Darwin Kruse, the appellant, was removing rock from the inside of a base of an elevator mechanism. While doing so, the tower vibrated and a piece of wood from the top of the tower fell and struck him on the back of the head. After the accident, Mr. Kruse signed a compensation agreement with his employer, Coos Head Timber Company. In the agreement he received compensation for the accident and released his employer from any further claims for damages. Mr. Kruse claimed the agreement should not be enforced because he entered into it under circumstances of fraud and misrepresentation. Mr. Kruse also argued that the compensation agreement should not be enforced because he lacked sufficient mental capacity because he was mentally retarded and suffered from posttraumatic psychoneurosis as a result of the accident. Additionally, Mr. Kruse accused his employer of common law negligence and violating the Employers’...
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...attitudes and culture with a focus on the highly moralistic, straitlaced language and behavior of Victorian morality. The era followed the Georgian period and preceded the Edwardian period. The later half of the Victorian age roughly coincided with the first portion of the Belle Époque era of continental Europe. Romanticism- was an artistic, literary, and intellectual movement that originated in Europe toward the end of the 18th century and in most areas was at its peak in the approximate period from 1800 to 1850. Romanticism was characterized by its emphasis on emotion and individualism as well as glorification of all the past and nature, preferring the medieval rather than the classical. It was partly a reaction to the Industrial Revolution, the aristocratic social and political norms of the Age of Enlightenment, and the scientific rationalization of nature. It was embodied most strongly in the visual arts, music, and literature, but had a major impact on historiography, education, and the natural sciences. It had a significant and complex effect on politics, and while for much of the Romantic period it was associated with liberalism and radicalism, its long-term effect on the growth of nationalism was perhaps more significant. Part 2: Story of an hour After reading the story assigned called "Story of an hour" I've came to the conclusion that this literature is Victorian. In the story Mrs. Louise Mallard is...
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...prevent accidents at the plant. You must systematically analyze and summarize their reasons. Analysis of the causes of injury allows them to share the organizational, technical, physiological and sanitary. Organizational: violation of legislation on health and safety , requirements , guidelines , rules and regulations , lack of or poor briefing , failure measures for safety, untimely repair or replacement of faulty and outdated equipment. Specifications: non-compliance of safety or fault of production equipment, tools and protective, equipment design flaws. Psychophysiological: erroneous actions of the employee as a result of fatigue, excessive severity and intensity of work, monotony of work, disease state negligence. Sanitation: excessive levels of noise, vibration, adverse weather conditions, the high content in the air of the working area of hazardous substances, the presence of different radiation above the allowable values, insufficient or inefficient lighting violation of the rules of personal hygiene. Research Methods occupational injuries: The statistical method is based on the analysis of statistical data on injuries that accumulated in the company or in the industry for several years. Data from this analysis are contained in the acts of the form N-1 and the records of companies. The statistical method allows all accidents and causes of injuries grouped by gender, age, occupation, length of service affected, the time, place, type of accident, nature of injuries...
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...is located in the Tabular List of Diseases; they describe external causes of injury, poisoning, or other adverse reactions affecting a patient's health. ICD-9-CM E codes and ICD-10CM external codes (that begin with V-Y) are also reported for environmental events, industrial accidents, injuries inflicted by criminal activity, and so on. While assigning the codes does not directly impact reimbursement to the provider, reporting them can expedite insurance claims processing because the circumstances related to an injury are indicated. If the place of injury had been at a grocery store, or other place of business, the business's liability insurance would be billed instead of the patient's health...
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