| Wrongful Death & Survival |
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| 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.
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| Liability for a Bystander's Emotional Distress |
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| In some cases, a bystander may recover for negligent infliction of emotional distress, even though the bystander was not directly involved in an accident. For example, a wife is walking along a city street. By chance, she sees her husband's car approaching. 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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| Federal Teacher Protection Act -- Punitive Damages |
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| 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. More... |
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| Dram Shop Laws |
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| Under a "dram shop law," a business that sells alcohol to an intoxicated customer may be liable when the customer injures a third party. Most dram shop cases involve drunk driving. More... |
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