Personal Injury Newsletters

Custom as Proof of Negligence

In some circumstances, custom may be used as proof of negligence in a personal injury action. For example, a worker in a sawmill is injured when he or she accidentally puts his or her hand onto the blade of an electric saw.

Dram Shop Laws

Under a "dram shop law," a business that sells alcohol to an intoxicated customer may be liable when the customer injures a third party. Most dram shop cases involve drunk driving.

Parental Immunity

Traditionally, the legal doctrine of "parental immunity" prohibited a minor, unemancipated child from suing his or her parent for personal injuries under any circumstances. The purpose of the parental immunity doctrine was to preserve family harmony, family assets, and parental authority over the care, discipline, and control of children.

Rules Regarding the Speed of Motor Vehicles

State transportation or vehicle codes regulate the speed of motor vehicles. The codes set forth the maximum speed limits that apply to a particular highway or street. The codes also set forth the general duty of a motor vehicle driver to drive at a safe speed in accordance with the conditions of the highway or street.

The Federal Claims Collection Act

The Federal Claims Collection Act (FCCA) was enacted in 1982 in order to allow the federal government to recover compensation for damages to or for loss or destruction of government property. Under the FCCA, the government is entitled to recover compensation for damages that result from negligent or wrongful acts.