| The Fellow-Servant Rule |
| Traditionally, the "fellow-servant rule" barred an employee's personal injury action against his or her employer if the employee's injury was caused by a co-worker. More... |
| Liability of an Airline Passenger for Providing Medical Assistance to Another Passenger |
| Generally, an airline passenger is not legally liable for the consequences of providing medical assistance to another passenger. The federal Aviation Medical Assistance Act of 1998 provides that a person is not liable for providing or attempting to provide assistance in the case of an in-flight medical emergency, unless the person, while rendering such assistance, is guilty of gross negligence or willful misconduct. More... |
| Publication of a Defamation |
| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the third element, making a statement to others, known as publication.More... |
| Defenses to Actions Involving Recreational Boating Accidents |
| When a plaintiff files a lawsuit regarding a recreational boating accident, the defendant may claim defenses that are similar to those available in any other accident case. Such defenses include that the accident was inevitable, that the plaintiff was contributorily negligent or assumed the risk, that there was a superseding cause, or that the plaintiff's action is barred by the doctrine of laches or by a statute of limitations. More... |
| Tort Law -- Compensation for Damages |
| 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. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purpose of compensation.More... |
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The Carlson Law Firm
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17 South Oak Street, P.O. Box 521, Union, Missouri 63084 Telephone: 636-583-8300, Fax: 636-583-2523 |
