| Classifying Torts |
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| 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. This article discusses how tort law is classified. More... |
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| Alternative Causes of an Injury |
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| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury. More... |
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| Action by a Spouse for a Tort against the Other Spouse |
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| When one spouse is injured as a result of a defendant's negligent or tortious conduct, the other spouse is entitled to file an action against the defendant for his or her damages as a result of the defendant's conduct. The spouse who is injured is referred to as the impaired spouse. More... |
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| TORT LIABILITY OF MUNCIPALITIES |
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| When a municipality is acting within its governmental capacity or is performing a governmental function, such as providing water or utility services, it is generally not liable for negligence with regard to the governmental function. However, if the municipality is acting in a proprietary manner, that is, when it owns or maintains real or personal property, the municipality may be liable for the negligence of its representatives, agents, and employees. More... |
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| Parental Immunity |
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| Traditionally, the legal doctrine of "parental immunity" prohibited a minor, unemancipated child from suing his or her parent for personal injuries under any circumstances. The purpose of the parental immunity doctrine was to preserve family harmony, family assets, and parental authority over the care, discipline, and control of children. More... |
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