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Personal Injury Newsletter
Tort Action for Failure to Provide Facilities to the Public
 
Under the common law, a person commits a tort when he or she fails to provide a public utility or a public facility to a member of the public. In order to be liable for this tort, the person must have a non-contractual duty to provide the public utility or the public facility to the public. A denial of the public utility or the public facility constitutes a breach of that duty. More...
 
The Collateral Source Rule
 
The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant. More...
 
The Eggshell Skull Rule
 
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...
 
The Tort Definition Debate
 
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. Although tort law is a major kind of law, among many legal scholars there is no generally agreed definition of the word "tort." This article discusses the tort definition debate.More...
 
Actions Against Parents for Torts of Children
 
Generally, parents are not liable for the torts of their minor children. However, there are exceptions to this general rule, and parents may be held liable in certain circumstances.More...
 
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