Personal Injury Newsletters

Governmental Immunity from Suit

If a party is injured by some act of a governmental unit, official, or agency, he may or may not be permitted to sue. The reason that he may be barred from suing is because of "sovereign immunity." Traditionally, this doctrine protected governmental units, officials, and agencies from liability based on their tortious acts unless they had consented to being sued. Now, this immunity has been waived in large part and only applies in certain circumstances.

Liability of a Cruise Ship for Emotional Distress Claims

Under the Coast Guard Authorization Act of 1996, cruise ships may use ticket contracts to disclaim liability for emotional distress, mental suffering, and psychological injury claims by passengers.

TORT LIABILITY OF TENANTS

Because a tenant is an occupier of property, the tenant is liable for all dangerous conditions or activities that are conducted on the property just as any other occupier of property would be. However, the tenant is only liable for areas over which the tenant has control. The tenant is not responsible for areas outside the leased premises or over which the landlord has control.

Whom to Sue in Automobile Cases

A person who is injured in an automobile accident may seek to recover for his injuries against one or more parties, including the driver or the owner of the automobile that caused the accident. This article addresses the parties who are potentially liable for an injured party's injuries arising from an automobile accident.

Wrongful Death & Survival

Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. Survival statutes relate to the claims of the decedent rather than those of his heirs.