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Case Scenarios

Published online by Cambridge University Press:  22 December 2020

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Summary

Case 1

(Failure to ensure the wearing of a ski helmet) : D, a ski instructor, negligently fails to make sure that all skiers in her‘off -piste‘group wear helmets. P, a skier in the group, hits a tree. P immediately suff ers head injury X, and years later another head injury Y that developed from the same accident.

An. and Comp. Report ……….. 26 Germany ……………… 349 Poland …………… 529

Austria ……………………………… 147 Greece …………………. 386 South Africa ….. 559

Belgium ……………………………. 189 Italy ……………………… 422 Spain ……………… 589

Czech Republic ………………… 224 Netherlands …………. 457 Switzerland ……. 627

France ………………………………. 316 Norway ………………… 488 United States …. 662

Case 2

(Three mistakes during one treatment) : Physician D treats patient P negligently and performs three mistakes on the day of the treatment: A, B and C. Mistake A causes harm X after a year. Mistake B causes harm Y after two years. Mistakes A and C together cause harm Z after three years.

An. and Comp. Report ……….. 29 Germany ……………… 349 Poland …………… 529

Austria ……………………………… 149 Greece …………………. 387 South Africa ….. 559

Belgium ……………………………. 188 Italy ……………………… 422 Spain ……………… 590

Czech Republic ………………… 224 Netherlands …………. 457 Switzerland ……. 627

France ………………………………. 317 Norway ………………… 489 United States …. 664

Case 3

(Consecutive harms from one injury) : Builder D lays down defective foundations for a building thereby creating the risk of future collapse. As a result, the value to the owner of the building (P) decreases (harm A). Two years later the foundation subsides and requires fixing paid by P (harm B). Three years later cracks appear in the building fixed by P (harm C). Four years later the building collapses (harm D).

An. and Comp. Report ……….. 30 Germany ……………… 350 Poland …………… 529

Austria ……………………………… 150 Greece …………………. 387 South Africa ….. 560

Belgium ……………………………. 176 Italy ……………………… 422 Spain ……………… 590

Czech Republic ………………… 225 Netherlands …………. 457 Switzerland ……. 628

France ………………………………. 317 Norway ………………… 489 United States …. 665

Type
Chapter
Information
Prescription in Tort Law
Analytical and Comparative Perspectives
, pp. 135 - 138
Publisher: Intersentia
Print publication year: 2020

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