Personal Injury
| No Strict Liability for Defamation |
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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. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses a matter related to the fifth element, the prohibition against strict liability. More... |
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| Torts in Golf |
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| Golfers, spectators, and even third parties may be injured by a golf ball or other object on or off the golf course. The owner of the golf course or the golfer who causes the injury may be held liable in a negligence action to the injured party. More... |
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| Federal Volunteer Protection Act -- Applicability |
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| The federal Volunteer Protection Act (VPA) applies to "volunteers." 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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| Rules Regarding Unusual Driving Conditions |
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| When the weather or other conditions affect a driver's view of a highway or roadway, the driver has a duty to act with reasonable care under the circumstances. In other words, the driver is required to act with the same degree of care that a reasonable person would have acted under the circumstances. More... |
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