Tort claims

First, the exposure rule states that the action accrues at the time of last exposure, even if the claimant s illness did not manifest until many years after the final exposure. Since typical statutory periods for commencement of tort claims run between 2 and 4 years, application of the exposure rule effectively bars many claimants who allege development of latent injuries. 

Persons not satisfied with their compensation could sue under the Federal Tort Claims Act... 

DMAT members must maintain the appropriate certification and hcensure within their specific professional disciphne. When activated, DMAT members become Federal employees, with all States recognizing their licensure and certification. In addition, DMAT members receive pay while serving as part time federal employees and they receive liability protection through the Federal Tort Claims Act (20). Although DMATs serve primaiily as a local community resource available to support local, regional and state needs, as a national resource they are subject to federalization and deployment elsewhere (20). 

It would be useful to check these impressions against the official statistics on occupational risk collected by the Bureau of Labor Statistics (BLS), but these are notoriously unreliable. Indeed, the National Research Council, an offshoot of the National Academy of Sciences that reports on public policy issues, found the BLS data inadequate for monitoring the effectiveness of safety programs (Saddler, 1987). There are several problems. First, the data are collected as part of the Occupational Safety and Health Act (OSHA) reporting system, which subjects them to distorting incentive effects. Firms are required to maintain logs of fatal and nonfatal accidents, but they have an incentive to underreport this information since it could be used as evidence to support workers compensation or tort claims by workers, and because... 

This device, known as contracting out, provided a temporary respite from tort claims, but it also served as a new target of labor and public agitation. Unfortunately, the courts were notoriously eager to uphold the status of these clauses as late as 1900 the US Supreme Court, for instance, in Voight v. Baltimore and Ohio Southwestern Railroad Company ruled, in language the current justices might well endorse, that the worker... 

A) the tort claims provisions of chapter 171 of title 28, United States... 

The legal framework also includes common law tort liability, as noted earlier, which threatens companies with compensatory and punitive damages for harms caused by their negligent actions, and in many of the courts where tort claims are brought, evidence that the harm arose from an activity that did not meet an applicable regulation is regarded as conclusive evidence of negligence. 

To recover in a tort claim, the injured party must demonstrate that he or she has suffered some loss as well as the amount and severity of that loss. This loss could be bodily harm such as a broken bone or strained muscle, property damage requiring automobile or home repairs, or a demonstrated loss of business. The claimant can show any single type of loss or a combination of any of the three. The key is that the claimant s loss be not hypothetical, but real. 

TABLE 11.2 References to State and Local Governmental Tort Claims Statutes... 

Alabama State Board of Adjustment Act. Ala. Code Section 41-9-60 (1994). Alaska Local Government Tort Claims Act. Alaska Stat. 09.65.070 (1994). Alaska State Tort Claims Act. Alaska Stat. 09.50.250 (1992). 

Arizona State and Local Tort Claims Act. Ariz. Revs. Stat. Ann. Section 12.820 et seq. (1992). 

The State Tort Claims Act. Del. Code Ann. Title 10 Section 4001 et seq. 

Idaho Tort Claims Act. Idaho Code Section 6-901 (1971). 

Kentucky Board of Qaims Act. Ky. Revs. Stat. Ch. 44.110(2) (1985). Louisiana Governmental Claims Act. La. Rev. Stat. Ann. 13 5101 (1996). Maine Tort Claims Act. Maine Rev. Stat. Ann. Title 14 8102 (1995). Maryland local government liability provisions. Md. Cts. Jud. Proc. Code Article 23A Section lA (1990), Md. Cts. Jud. Proc. Code Ann. Section 5-300 to 401 (1996), Md. Ann. Code Article 23A Section IB (1979). Maryland Tort Claims Act. Md. Code Ann. State Government Section 12-101 to 12-406 (1990). 

Massachusetts tort claims provisions. Mass. Gen. Laws Ann. Chapter 258 Section 2 (1993). 

Minnesota Local Government Tort Claims Act. Minn. Stat. 466.01 et seq. 

New York Tort claims provisions. N.Y. Court Claims Article 2 Act Section 8 (1984). N.Y. General Municipal Law Section 50 (1909). N.Y. General Municipal Law Section 50 et seq. (McKinney Consolidated Laws of New York Annotated)... 

North Carolina Local government tort claims provisions. N.C. Gen. Stat. Section 115c-43 (1984) and N.C. Gen. Stat. Section 115C-259 (1984). The North Carolina Industrial Commission. N.C. Gen. Stat. Section 143-291 et seq. (1988). 

Ohio Ohio Local Government Tort Claims Act. Ohio Rev. Code Ann. Section 2744.01 et seq. (1990). State Qaims Act. Ohio Rev. Code Ann. Section 2743.02 et seq. (1989). 

Oklahoma Oklahoma State Tort Claims Act. Okla. Stat. Ann. Title 51 Section 152 et seq. (1994). 

Pennsylvania Political Subdivision Tort Claims Act. Pa Stat. Ann. 42 Section 8541 et seq. (1995). Pennsylvania State Tort Qaims Act. Pa Stat. Ann. Title 42 Section 8521 et seq. (Puidon 1985). 

Texas Tort Claims Texas Tort Claims Act. Title 5. Civil Practices and Remedies— Governmental Liability Chapter 101 Civil Practices and Remedies— Section 101.001 (1995). 

Vermont Tort claims provisions. Vt. Stat. Ann. Title 19 Section 1371 (1984), 29 Section 1401 (1984) and 19 Section 1371 (1984) Vermont State Tort Qaims Act. Vt. Stat. Ann. Title 12 Section 5601. et seq.. 

Washington Local government tort claims provisions. Wash. Rev. Code Ann. 4.96.010 (1993). Tort claims provisions. Wash. Revs. Code Ann. Section 4.92.110. 

West Virginia Governmental Tort Claims and Insurance Reform Act. W.Va. Code 29-12A-1 to 17 (1986). West Virginia Court of Claims Act. W.Va. Code Section 14-2-4 et seq. (1991)... 

Wisconsin Wisconsin Tort Claims Act (Local). Wis. Stat. Ann. Section 893.80 (3) (1995) Wisconsin State Claims Act. Wis. Rev. Stat. 775.01... 

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