Personal Injury
| The Jones Act -- Unseaworthiness Claims |
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| The owner of a vessel has an absolute duty to provide a seaworthy vessel for his crew. Therefore, an injured seaman may sue the owner of the vessel on which the seaman was working if the vessel was unseaworthy at the time of the accident. A vessel is unseaworthy if it, its equipment, or its crew are not reasonably fit for their intended purpose. More... |
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| Classifying Torts |
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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. This article discusses how tort law is classified. More... |
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| 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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| Proximate Cause |
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| In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation. More... |
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| Tort Liability of Members of the Armed Forces |
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| Members of the armed forces are generally immune from liability for damages to another person or to the other person's property as long as the members were acting within the scope of their employment or their official duties and as long as the members were following a lawful command. The immunity applies to the members who were issuing the lawful command and to the members who were obeying the lawful command. More... |
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