| The Eggshell Skull Rule |
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| Suppose that a mugger approaches a jogger on a street, hoping to steal the jogger's wallet. In order to disable the jogger, the mugger strikes him on the head. Unbeknownst to the mugger, the jogger suffers from a rare medical condition that has made his skull as thin and fragile as an eggshell. Therefore, the mugger's assault kills the jogger. Under the "Eggshell Skull Rule," the mugger is liable for the death of the jogger, even though the jogger's death was unintended and unexpected.More... |
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| Attorney Malpractice Liability to Client |
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| A client may hire an attorney to prosecute an action against another party, defend an action against the client, appeal an action involving the client, or prepare transactional documents for the client. In each of these tasks, the attorney might not perform as he is required. In such a case, the client who suffers damages may bring a legal malpractice action against the attorney. An attorney commits legal malpractice by failing to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. The client's action may be based on breach of contract, breach of fiduciary duty, or negligence.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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| Federal Tort Claims Act -- Notice of Claim |
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| Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written "notice of claim," or "administrative claim," to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to a personal injury action against the federal government. If no notice of claim has been given, a court will dismiss the action.More... |
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| The Jones Act -- Negligence Claims |
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| An injured seaman may sue his employer for damages under the Jones Act if the employer's negligence contributed to the seaman's injury. Under the Jones Act, the seaman is only required to prove that the employer's negligence was a cause, however slight, of the seaman's injury. More... |
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