| Alternative Causes of an Injury |
|
| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury. More... |
|
|
| The Jones Act -- Definition of a Seaman |
|
| The Jones Act applies only to a "seaman" who is injured while working aboard a vessel in navigable waters. In order to be a "seaman" within the meaning of the Jones Act, the worker must meet certain requirements. More... |
|
|
| Tort Law versus Criminal Law |
|
| 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 some of the distinctions between tort law and criminal law. More... |
|
|
| Publication of a Defamation |
|
| 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. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the third element, making a statement to others, known as publication. More... |
|
|
| Wrongful Death & Survival |
|
| Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. Survival statutes relate to the claims of the decedent rather than those of his heirs.
More... |
|
|