The US Centers for Disease Control and Prevention [CDC] has issued an interim guidance based on what is currently known about the Coronavirus Disease 2019 (COVID-19). The guidance sets out a plan of containment initially, and if that fails, mitigation of the spread of this very contagious and potentially fatal disease. If employers follow the guidance, in all likelihood workers' compensation issues will arise as to the payment of temporary and medical benefits following from occupational exposure at work to the COVID-19.
Showing posts with label liability. Show all posts
Showing posts with label liability. Show all posts
Tuesday, February 25, 2020
Saturday, August 31, 2013
Is Big Sugar the Next Liability Target?
By Vik Khanna
Growing paranoia is the hallmark of the aging process for me. Although I am a generally affable sort (I know, it doesn’t always seem that way from my writing), I am also a fairly suspicious person. I am starting to think that all the food industry’s sweet talk about the innocence of sugar is really just icing on a toxic cake and that we’ve all been sold a bill of goods. In particular, I wonder — and part of me hopes — that Big Sugar might soon replace Big Tobacco as the favorite target of our most underappreciated and misunderstood national resource…the plaintiff’s bar. There is no question we eat way too much sugar and that the increase in consumption has coincided nicely with both our rise in obesity and decline in health status even though we are living longer. Not that I think the Tobacco Settlement (TS) was great social policy. You can read my full view here; but, to summarize, as an immigrant and a person of color, a part of me resents the TS because all it did is push the burden of fulfillment of the financial terms into the hearts and lungs of people in Africa, Asia, and Latin America. The smug satisfaction of tobacco opponents in the US and their glib dismissal of the impact on predominantly poor people of color around the world is first order racism. Any analogous move against Big Sugar (BS) could be quite interesting. There is, of course, the delectable duality of... |
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New Jersey court rules texting a driver creates liability
The New Jersey Superior Court [official website] ruled [opinion, PDF] Tuesday that knowingly sending a text message to someone who is behind the wheel creates liability for any causes of action that result from a potential collision. Previously, liability was only assigned to the driver that was texting. Defendant Shannon Colonna was sued for texting a driver who collided with a motorcyle less than 10 seconds after responding to her message.
The trial court dismissed [Bloomberg report] the plaintiff's theory of proximate cause, aiding and abetting illegal activity and joint liability against Colonna in a summary judgment. However, the plaintiffs appealed and the appellate court validated all of the theories of liability against her as trial-worthy arguments. However, the court found that the plaintiffs did not procure enough evidence to indicate that Colonna knew or had special reason to know that the recipient of her message was driving, and thus again dismissed the case for her liability: [W]e also reject defendant's argument that a sender of text messages never has a duty to avoid texting to a person driving a vehicle. We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving.In response to this crash and several others, the New Jersey legislature enacted the Kulesh, Kubert, and Bolis Law [press release] to increase penalties... |
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