| Tort Law--Criminal Law Versus Civil Law |
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| 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. Law is sometimes divided into civil law and criminal law. This article discusses the distinction between civil law and criminal law as it relates to tort law and personal injury.More... |
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| The Jones Act -- Definition of a Seaman |
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| 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... |
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| Defamation of a Plaintiff |
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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. More... |
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| Liability of an Airline Passenger for Providing Medical Assistance to Another Passenger |
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| Generally, an airline passenger is not legally liable for the consequences of providing medical assistance to another passenger. The federal Aviation Medical Assistance Act of 1998 provides that a person is not liable for providing or attempting to provide assistance in the case of an in-flight medical emergency, unless the person, while rendering such assistance, is guilty of gross negligence or willful misconduct. More... |
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| Negligence Per Se |
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| Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence. More... |
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