Hostname: page-component-cc8bf7c57-pd9xq Total loading time: 0 Render date: 2024-12-12T01:58:21.719Z Has data issue: false hasContentIssue false

Prevention and Torts: The Role of Litigation in Injury Control

Published online by Cambridge University Press:  29 April 2021

Extract

Those who study, teach, and practice in the field of injury epidemiology and prevention often compare injuries to diseases; to do so enhances the understanding that injuries, like diseases, have etiologic agents that act within particular environments to affect predictable hosts. It is important to stress the scientific underpinnings of injury control, so that injuries will not continue to be seen as randomly occurring events that strike the unlucky, who have little or no preventive opportunity available to them. Those within the field argue that injury prevention, like disease prevention, when approached with the proper scientific method, holds the prospect of saving thousands of lives per year in the United States.

The comparison of injuries to diseases, however, can distract attention from some crucial aspects of injury prevention. Infectious disease control is the story of man's battle with living organisms that often do their damage to hosts at the cellular or sub-cellular level. The pathways of those diseases can be difficult to discern, and some mysteries are yet to be solved. Injuries, on the other hand, do their initial damage on a more visible level. Their etiologic events are often apparent, and do not require epidemiologic or biochemical detective work for an understanding of the causes of injury.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1989

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Christoffel, T., “The Supreme Court and Airbags.” American Journal of Public Health 1984; 74: 269270.Google Scholar
Teret, S.P. Downey, E., “Air bag litigation.” Trial 1982; 18(7): 93–9.Google Scholar
See, for example, 27 ATLA Law Reporter 101102 (April 1984).Google Scholar
See, for example, Nag, A., “Ford settles lawsuit over accident victim for $1.8 million total.” Wall Street Journal, March 16, 1984.Google Scholar
The Performance of Lap Belts and 24 Frontal Crashes. National Transportation Board, 1986.Google Scholar
See Emshwiller, J.M., “Car makers face lawsuits alleging rear seat belts aren't safe enough.” Wall Street Journal, January 6 , 1988.Google Scholar
“Ford must pay hurt boy $3.3 million, jury finds.” Wall Street Journal, December 21, 1987.Google Scholar
See Emshwiller, J.M., supra note 6.Google Scholar
497 A.2d 1143 (Md. 1985).Google Scholar
Teret, S.P., “Litigating for the Public's Health.” American journal of Public Health 1986; 76: 31–4.Google Scholar
See Teret, S.P. Wintemute, G.J., “Handgun Injuries: The Epidemiologic Evidence for Assessing Legal Responsibility.” Hamline Law Review 1983; 6: 341–50.Google Scholar
24 Cal. 2d 453, 150 P.2d 436.Google Scholar
Ibid, at 462, 150 P.2d at 440–1.Google Scholar
Special Issue: The Product Liability Problem. Passenger Protection Report, Vol. III, No. 5, July/September 1986.Google Scholar
P.2d (Ariz. Ct. App., 1986).Google Scholar
See 29 ATLA LAW REPORTS 389, (November 1986).Google Scholar
No. 228566, Sacramento Co. Super. Ct., rev'd on other grounds, 60 Cal. App. 3d 728 (1976).Google Scholar
Southwick, A.F., The Law of Hospital and Health Care Administration. Washington, DC: Health Administration Press, 1978, p. 422.Google Scholar