NONFAULT LIABILITY FOR VEHICLE EQUIPMENT FAILURES
AFTER DISCUSSING THE PROBLEM OF ACCIDENTS CAUSED BY EQUIPMENT FAILURES, THIS ARTICLE CONSIDERS THE INADEQUACIES OF THE PRESENT RULES OF AUTOMOBILE ACCIDENT TORT LIABILITY AND THE BENEFITS OF THE NONFAULT LIABILITY RULE. THE COURTS OF BOTH CONNECTICUT AND OHIO CREATED A NONFAULT LIABILITY RULE BY HOLDING THAT VIOLATION OF VEHICLE EQUIPMENT STATUTES CONSTITUTES NEGLIGENCE PER SE. PARTICULAR ATTENTION IS DEVOTED TO EXAMINING THE JUSTIFICATION FOR THAT HOLDING IN TERMS OF PRECEDENT AND POLICY AND TO EVALUATING THE NEGLIGENCE PER SE TECHNIQUE IN COMPARISON WITH OTHER MEANS OF CREATING NONFAULT LIABILITY. THIS IS A PROMISING MEANS OF PROVIDING GREATER INCENTIVES FOR ADEQUATE MAINTENANCE OF VEHICLES. /AUTHOR/
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Supplemental Notes:
- Vol 23, No 6, PP 1112 - 1142
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Corporate Authors:
Stanford University
Stanford, CA United States 94305 -
Authors:
- Katz, A M
- Publication Date: 1971-6
Media Info
- Serial:
Subject/Index Terms
- TRT Terms: Equipment maintenance; No fault insurance; Tort liability
- Subject Areas: Highways; Law; Maintenance and Preservation; Safety and Human Factors;
Filing Info
- Accession Number: 00223722
- Record Type: Publication
- Files: TRIS
- Created Date: Mar 20 2003 12:00AM