Newsletters

Federal Teacher Protection Act — Punitive Damages

The federal Teacher Protection Act (TPA) attempts to limit punitive damage awards against school employees in cases in which they are not immune from liability.

Rules Regarding Unusual Driving Conditions

When the weather or other conditions affect a driver’s view of a highway or roadway, the driver has a duty to act with reasonable care under the circumstances. In other words, the driver is required to act with the same degree of care that a reasonable person would have acted under the circumstances.

Tort Action for Sale of Habit-Forming Drug to a Minor Child

A person who unlawfully sells or supplies a habit-forming drug to a minor child may be liable to the child’s parent for damages. The person is liable to the parent if the parent incurred a loss of the child’s services or if the parent incurred medical expenses on behalf of the child as a result of the sale of the habit-forming drug.

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.

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.