• Title/Summary/Keyword: Contributory Negligence

Search Result 6, Processing Time 0.016 seconds

Contributory Negligence Study on Traffic Accident in Area Between Crosswalk and Stop Line at Intersections (횡단보도와 횡단보도 정지선간 이격공간에서의 과실상계 연구)

  • 신성훈;장명순;김남현
    • Journal of Korean Society of Transportation
    • /
    • v.21 no.5
    • /
    • pp.41-48
    • /
    • 2003
  • Korea Claim Adjustor Association(KCAA) defines the near pedestrian crossing accidents as those accidents that occurred in the area within 25m from pedestrian crossing on the arterial road and within 15m from pedestrian crossing on other classes of road. Accidents between pedestrian crossing and stop line are classified as the accident near pedestrian crossing. Reviewing of current statute and court precedent, three kinds of traffic accidents which are accidents occurred in the pedestrian crossing. near pedestrian crossing and the area between pedestrian crossing and stop line. should be distinguished by different pedestrian contributory negligence. To find out how different they are. we surveyed transportation society members about the contributory negligence of traffic accidents between pedestrian crossing and stop line and the results are as follows : (1) The current two classification of pedestrian crossing accidents and near pedestrian crossing accidents should be changed to three classification of pedestrian crossing accidents that includes accidents on pedestrian crossing, near pedestrian crossing and between pedestrian crossing and the stop line. (2) For the pedestrian's contributory negligence, the least reasonability to pedestrian is accident on the pedestrian crossing. The next one is the accident between pedestrian crossing and stop line and the last is the accident near pedestrian crossing. (3) Pedestrian contributory negligence for accident by space is recommended as 〈table 8〉, 〈table 9〉, 〈table 10〉. (4) Contributory negligence rate of the accident on the pedestrian crossing during red light should be modified to be less than that of near pedestrian crossing.

A Brief Study on the Scope of National Health Insurance Service's Subrogation to the Insured owing to Claim for Damages (국민건강보험공단의 가입자 손해배상채권 대위 범위에 관한 소고: 대법원 2021. 3. 18. 선고 2018다287935판결 중심)

  • Jeon, Byeong-Joo;Han, Hye-Sook;Park, Mi-Sook
    • The Journal of the Korea Contents Association
    • /
    • v.21 no.8
    • /
    • pp.305-314
    • /
    • 2021
  • According to the recent judgment of Supreme Court, in case when the National Health Insurance Service pays the insurance to a victim of torts, and then subrogate the victim's claim for damages, the scope of institution's subrogation should be limited to the amount of the assailant's responsibility rate of the institution charge, and the amount of compensation claimed by the victim to the assailant should be calculated in the method of contributory negligence after deduction. The court has judged that the institution could subrogate the whole amount of institution charge in the limit of assailant's damages, and the method of deduction after contributory negligence should be applied when calculating the assailant's damages to the victim. Supreme Court decision is greatly significant in the aspect of harmonizing the nature of health insurance as property right and social insurance as the beneficiaries could get additional supplement, and also seeking the balance between insurer and beneficiary. With the changed legal principles of Supreme Court in the scope of institution subrogation like this, the necessities to complement the litigation relation, legislation, and institution were suggested.

A Model to Determine the Appropriate Monetary Redress for Accidents Involving Compensable Injury to Person

  • Kim, Seong-In
    • Journal of Korean Institute of Industrial Engineers
    • /
    • v.1 no.2
    • /
    • pp.65-72
    • /
    • 1975
  • A System of evaluation is developed which determines a uniform and individualized monetary redress. It can be applied not only to permanent disability but to temporary disability cases and considers all factors affecting monetary redress in determining process. As objects of compensation this model considers five factors, the degree of injury, the change of earning capacity, medical fee, job suspension and the degree of contributory negligence. For each object is defined a subfunction measuring its magnitude. Then by assigning reasonable weighted values to these five subfunctions according to their relative importance, we get main function which determines appropriate monetary redress.

  • PDF

Consumer Misperceptions, Product Liability Law and Product Safety

  • Lee Jong-In
    • International Journal of Human Ecology
    • /
    • v.6 no.2
    • /
    • pp.63-72
    • /
    • 2005
  • This paper considered the impact of changing the product liability rule from consumer to producer liability on product safety under asymmetric information. In particular, it has been attempted to remove several constraints on antecedent studies. The main results of the study are as follows: under the misperception of the risk on a product, consumers may underestimate the probability of product failure. In this case, the accident rate can be lowered under the producer's liability rule. However, even under the asymmetric information, a consumer's estimation on the probability may be converged with the expected risk level, which could be called the 'rational expectation.' In this situation the probability of product failure can be lowered under the strict liability with contributory negligence. Additionally, it is possible to reduce the probability of product failure when a legal rule that imposes liability on cheapest cost avoider is admitted.

Analysis of Contributory Factors in Causing Crashes at Rural Unsignalized intersections Based on Statistical Modeling (지방부 무신호교차로 교통사고의 영향요인 분석 및 통계적 모형 개발)

  • PARK, Jeong Soon;OH, Ju Taek;OH, Sang Jin;KIM, Young Jun
    • Journal of Korean Society of Transportation
    • /
    • v.34 no.2
    • /
    • pp.123-134
    • /
    • 2016
  • Traffic accident at intersections takes 44.3% of total number of accidents on entire road network of Korea in 2014. Although several studies addressed contributory factors of accidents at signalized intersection, very few is known about the factors at rural unsignalized intersections. The objective of this study is therefore to investigate specific characteristics of crashes at rural unsignalized intersection and to identify contributory factors in causing crashes by statistical approach using the Ordered Logistic Regression Model. The results show that main type of car crashes at unsignalized intersection during the daytime is T-bone crashes and the number of crashes at 4-legged intersections are 1.53 times more than that at 3-legged intersections. Most collisions are caused by negligence of drivers and violation of Right of Way. Based upon the analysis, accident severity is modeled as classified by two types such as 3-legged intersection and 4-legged intersection. It shows that contributory factors in causing crashes at rural unsignalized intersections are poor sight distance problem, average daily traffic, time of day(night, or day), angle of intersection, ratio of heavy vehicles, number of traffic violations at intersection, and number of lanes on minor street.

The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.22 no.2
    • /
    • pp.109-133
    • /
    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

  • PDF