| Intoxication As a Defense to Negligence |
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| Intoxication is not a defense to negligence. A person who is intoxicated when he commits a negligent act will be held to the same standard as a person who is not intoxicated. The actions of an intoxicated person will not be judged by the standard of a reasonably prudent intoxicated person. More... |
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| Tort Action for Dangerous Employment of a Minor Child |
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| A person who employs a minor child in a dangerous occupation may be liable to the child's parent for harm that is sustained by the child. An occupation is considered to be dangerous if it involves a risk of death or serious bodily harm because of the age and inexperience of the child. The occupation does not have to be dangerous for an adult in order for the employer to be liable to the parent. More... |
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| Federal Tort Claims Act -- Scope of Employment |
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| The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose. More... |
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| Defamatory Statements |
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| 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. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the first element, making a false statement. A false statement of fact about a person that tends to harm the person's reputation is known as a defamatory statement. More... |
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| Action by a Parent for a Tort against His or Her Child |
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| In accordance with general tort principles, a person who injures a child through his or her tortious conduct is liable to the child for the child's damages. A parent who is entitled to the child's services or who has a legal duty to provide medical treatment for the child is also entitled to damages from the person for the person's tortious conduct towards the child. More... |
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