Personal Injury
| Trespass |
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| Trespass is a physical invasion of a property owner's land. A person may be liable to the owner if he causes a trespass, even if he did not know that it was the owner's land. More... |
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| Defamation of a Plaintiff |
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| A lawsuit for defamation has the following basic elements: (1) making a false statement (2) about a person (3) to others, and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. More... |
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| State Laws Regarding Recreational Boating Accidents |
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| State laws govern lawsuits regarding recreational boating accidents only if federal laws and the general maritime law do not apply. Federal laws and the general maritime law may apply to a lawsuit even if the lawsuit is filed in a state court. However, if a plaintiff waives the federal laws or the general maritime law, the lawsuit will be governed by state laws.
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| Tort Law -- Like an Implied Contract |
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| 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. This article discusses how tort law can be viewed as a series of implied contracts. More... |
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| Federal Tort Claims Act -- Scope of Employment |
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| The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose. More... |
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