Personal Injury Newsletters
Defendant's Wrongful Use of Process
It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose.
No Strict Liability for 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 a matter related to the fifth element, the prohibition against strict liability.
Duty of a Correctional Facility to Prevent Suicide
Jails, prisons, and other types of correctional or detention facilities have a legal duty to ensure the safety of their inmates. This duty arises because the facility has actual physical custody of and control over its inmates. As part of this duty, the facility has a limited duty to prevent its inmates from committing suicide while in custody.
The Jones Act -- Negligence Claims
An injured seaman may sue his employer for damages under the Jones Act if the employer's negligence contributed to the seaman's injury. Under the Jones Act, the seaman is only required to prove that the employer's negligence was a cause, however slight, of the seaman's injury.
Federal Tort Claims Act -- Intentional Torts Exception
The Federal Tort Claims Act (FTCA) applies to claims arising from the negligence of a federal government employee. The FTCA specifically bars claims that arise from an "intentional tort" committed by a federal government employee.
