Personal Injury
| The Tort Definition Debate |
|
| Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Although tort law is a major kind of law, among many legal scholars there is no generally agreed definition of the word "tort." This article discusses the tort definition debate. More... |
|
|
| Federal Laws Regarding Recreational boating accident |
|
| Federal law will apply to a recreational boating accident when a lawsuit is brought in a federal district court based upon the federal court's admiralty or diversity of citizenship jurisdiction. A federal court's admiralty jurisdiction exists when the accident occurred on the high seas or on navigable waters. The high seas are waters that are within the jurisdiction of another country. Navigable waters are waters that are used in interstate or foreign commerce. Diversity of citizenship jurisdiction exists when the parties to the lawsuit are from different states.
More... |
|
|
| Federal Tort Claims Act -- Overview |
|
| Under the doctrine of sovereign immunity, the federal government cannot be sued without its permission. The Federal Tort Claims Act (FTCA) is a federal law that waives the federal government's sovereign immunity under certain circumstances. More... |
|
|
| Gross Negligence |
|
| "Gross negligence" means carelessness or recklessness that amounts to a conscious disregard for the safety of others. Gross negligence involves a higher degree of carelessness than ordinary negligence. For example, dumping toxic waste into your neighbor's swimming pool would constitute gross negligence. More... |
|
|
| Family Car Doctrine |
|
| Under the family car doctrine (or family purpose doctrine), the owner of a car is liable for a plaintiff's personal injuries if the injuries were caused by one of the owner's family members while driving the car. The doctrine applies only to cases in which the car is owned for family purposes and the owner's family members had his or her express or implied permission to drive the car. More... |
|
|