Newsletter Personal Injury

CRIMINAL CONVERSATION WITH A SPOUSE

Under the common law, there was a tort for criminal conversation with a spouse. Although most states have enacted statutes that have abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort. More...

Negligence Per Se

Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence. More...

TORT ACTIONS BY TENANTS AGAINST LANDLORDS

Although a tenant may be entitled to a breach of contract action against a landlord if the landlord violates a condition of the tenant's lease, the tenant may also be entitled to certain tort actions against the landlord. Such tort actions include actions for wrongful eviction, actions for interruption of utilities, actions for wrongful interference or conversion of personal property, or trespass actions More...

Fraud Requires Deceitfulness and Reliance

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 third element, deceitfulness, and the fourth element, reasonable reliance. More...

PROCEDURE IN CASES INVOLVING RECREATIONAL BOATING ACCIDENTS

If a federal court has jurisdiction over a recreational boating accident, special procedural rules will apply to the accident. These special procedural rules include a lack of a right to a jury trial, rules regarding third parties, rules regarding venue, and whether federal or state law will apply to the accident. More...