| The Eggshell Skull Rule |
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| Suppose that a mugger approaches a jogger on a street, hoping to steal the jogger's wallet. In order to disable the jogger, the mugger strikes him on the head. Unbeknownst to the mugger, the jogger suffers from a rare medical condition that has made his skull as thin and fragile as an eggshell. Therefore, the mugger's assault kills the jogger. Under the "Eggshell Skull Rule," the mugger is liable for the death of the jogger, even though the jogger's death was unintended and unexpected.More... |
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| Tort Claims under the Uniform Code of Military Justice |
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| A member of the United States military is not liable for any torts that he or she commits in accordance with a lawful command or while he or she is acting within the scope of his or her employment.More... |
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| Rescue Doctrine |
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| A "rescuer" is one who responds to a risk of imminent peril to a victim, usually created by another party. The rescuer's efforts, however, are not always successful. In some instances, the rescuer or the victim may be injured during the course of the rescue. The "rescue doctrine" addresses the liability of the rescuer and the creator of the peril in relation to injuries to the victim and the liability of the creator of the peril to the rescuer for injuries caused during the rescue.More... |
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| Liability of an Airline Passenger for Providing Medical Assistance to Another Passenger |
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| 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... |
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| The Tort Definition Debate |
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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. Although tort law is a major kind of law, among many legal scholars there is no generally agreed definition of the word "tort." This article discusses the tort definition debate.More... |
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