Personal Injury
| Alternative Causes of an Injury |
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| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury. More... |
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| Automobile Racing |
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| Automobile racing is an inherently dangerous sport due to the high speeds. Crashes on the track can mean serious injuries or even fatalities to participants as well as spectators, which could lead to negligence actions against the racing facility's owner. More... |
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| 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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| Personal Injury Actions between Spouses |
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| When spouses commit torts against each other, a cause of action may or may not be available to the injured spouse. It depends upon the jurisdiction and the type of injury. More... |
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| Liability of Airport Owners and Operators |
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| Most airports are owned by state governmental units or state political subdivisions, such as cities, counties, or airport districts. Governmental units or political subdivisions are generally not liable for torts that result from the performance of a governmental function. Governmental units or political subdivisions are only liable for torts that result from the performance of a proprietary function. More... |
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