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Journal Article

Citation

Centner TJ. J. Saf. Res. 2005; 36(1): 1-7.

Affiliation

301 Conner Hall, The University of Georgia, Athens, GA 30602, USA.

Copyright

(Copyright © 2005, U.S. National Safety Council, Publisher Elsevier Publishing)

DOI

10.1016/j.jsr.2004.09.004

PMID

15752478

Abstract

Our jurisprudence assigns duties to persons to keep children safe. Under negligence law, a breach of duty causing an accident means the breaching party can be liable for damages inflicted on the injured person. Legislatures are considering new laws that reduce the damages that activity providers will need to pay to injured participants. Under some statutes, injured persons are precluded from maintaining lawsuits. In other cases, injured plaintiffs have a more stringent burden of proving liability. While activity providers may use insurance to pay for accident damages, for some injuries we might hold injured persons responsible. Four suggestions are offered as mechanisms to reduce tort litigation.

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