Personal Injury
| Fraud Requires a Misrepresented "Fact" |
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| Liability for fraud exists when six elements are proven: (1) knowing, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the second element, making a material misrepresentation. Liability for fraud requires the making of a false representation of a material fact. More... |
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| The Jones Act -- Maintenance and Cure |
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| Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "maintenance" and "cure" benefits from his employer, even if the employer was not negligent and the vessel was not unseaworthy. Maintenance and cure benefits are similar to workmen's compensation benefits; however, no government agency is involved in the administration of maintenance and cure benefits. 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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| Defense of Others |
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| In an action against a defendant for an intentional tort, such as battery, the defendant may defend the action by claiming that he or she acted in self-defense. Similarly, under some circumstances, a defendant may claim defense of others as a defense. Defense of others is a proper defense when the person the defendant was trying to defend would have been justified in using force to defend himself or herself.
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| Nominal Damages |
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| If an injured party is harmed or has property that is damaged by the intentional or negligent conduct of a defendant, he may bring an action to recover damages. Sometimes, the injured party recovers a verdict but only nominal, or minimal, damages. More... |
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