Nagel Rice LLP
Personal Injury Newsletter
Mitigation of Damages
 
Mitigation of damages is sometimes referred to as the doctrine of avoidable consequences. The doctrine requires a plaintiff who is injured by a defendant to take steps to minimize his damages. It applies after the defendant commits the tort but at a time when the plaintiff still has an opportunity to avoid at least part of the consequences.More...
 
Trespass
 
Trespass is a physical invasion of a property owner's land. A person may be liable to the owner if he causes a trespass, even if he did not know that it was the owner's land.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...
 
Tort Liability for Violation of a Legislative Provision
 
If a legislative provision protects a certain class of persons by prohibiting or by requiring certain conduct, a person may commit a tort by violating that legislative provision, even if the legislative provision does not include a remedy for the violation. An injured member of that class of persons may be entitled to a tort action against the violator.More...
 
The Foreign Claims Act
 
The Foreign Claims Act (FCA) was enacted in 1982 in order to provide compensation to persons in foreign countries who sustain personal injuries, who die, or who sustain property damage as a result of the actions of military personnel of the United States government while the personnel are stationed overseas.More...
 
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