| Tort Action for Interference with a Dead Body |
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| Under the common law, a person commits a tort when he or she intentionally, recklessly, or negligently removes, withholds, mutilates, or operates upon the body of a dead person or when he or she prevents the proper burial or cremation of the dead body. The person who commits this tort is liable for damages to the family member or members of the deceased person. More... |
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| Federal Tort Claims Act -- Federal Government Employees |
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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, the FTCA applies only to personal injury actions that arise from the negligence of a federal government employee. More... |
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| Truth and Privilege Defenses to Defamation |
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| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses some of the standard defenses to defamation, including truth and privilege. More... |
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| Tort Action for Sale of Habit-Forming Drug to a Spouse |
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| Most states have enacted statutes that prohibit the sale of intoxicating liquors to a person who is intoxicated or who is known to be addicted to alcohol. These statutes may also extend to the sale of a habit-forming drug to a person who is known to be addicted to drugs. More... |
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| Professional Rescuers |
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| A rescuer who comes to the aid of a victim of a peril may be either an amateur or a professional, such as a firefighter or a police officer. With respect to amateur rescuers, the "rescue doctrine" may apply to allow the rescuer to recover against the creator of the victim's peril for injuries that he sustains during the rescue. However, professional rescuers are generally unable to rely on the rescue doctrine to recover for their injuries. Instead, the "fireman's rule" ordinarily prevents professionals from recovering without regard to the negligence of the creator of the peril. More... |
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