| Negligence Per Se |
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| Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence. More... |
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| Tax Considerations in Tort Litigation |
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| The income tax consequences of damages that are awarded in a tort action may have a significant impact on the parties to the litigation. In most cases, the tax effect of the damages will depend upon how the damages are characterized by the parties. Whether the damages are taxable or not may often affect the amount that a plaintiff is willing to accept from a defendant and that the defendant is willing to pay the plaintiff under a settlement agreement.More... |
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| LIABILITY OF AIRLINES |
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| An airline may be liable to its passengers for an aircraft accident based upon its status as a common carrier, its contract with the passengers, or an implied or express warranty regarding the safety of its aircraft. An airline may also be liable to its passengers for delays, for discrimination, or for wrongful expulsionMore... |
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| Rescue Doctrine |
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| A "rescuer" is one who responds to a risk of imminent peril to a victim, usually created by another party. The rescuer's efforts, however, are not always successful. In some instances, the rescuer or the victim may be injured during the course of the rescue. The "rescue doctrine" addresses the liability of the rescuer and the creator of the peril in relation to injuries to the victim and the liability of the creator of the peril to the rescuer for injuries caused during the rescue.More... |
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| Defense of Property |
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| Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous.
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