Personal Injury
| Federal Tort Claims Act -- Overview |
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| Under the doctrine of sovereign immunity, the federal government cannot be sued without its permission. The Federal Tort Claims Act (FTCA) is a federal law that waives the federal government's sovereign immunity under certain circumstances. More... |
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| Federal Laws Regarding Recreational boating accident |
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| Federal law will apply to a recreational boating accident when a lawsuit is brought in a federal district court based upon the federal court's admiralty or diversity of citizenship jurisdiction. A federal court's admiralty jurisdiction exists when the accident occurred on the high seas or on navigable waters. The high seas are waters that are within the jurisdiction of another country. Navigable waters are waters that are used in interstate or foreign commerce. Diversity of citizenship jurisdiction exists when the parties to the lawsuit are from different states.
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| Fraud Requires a Misrepresented "Fact" |
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| Liability for fraud exists when six elements are proven: (1) knowing, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the second element, making a material misrepresentation. Liability for fraud requires the making of a false representation of a material fact. 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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| Motor Vehicle Rules |
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| Rules regarding the operation of motor vehicles on a state's highways are generally set forth in the state's vehicle code or transportation code. These rules often determine whether a defendant is liable for a motor vehicle accident.
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