| Hedonic Damages |
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| In the context of personal injury law, "hedonic damages" are damages to compensate a plaintiff for "loss of enjoyment of life," i.e., a diminished ability to enjoy the day-to-day pleasures of life. More... |
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| Torts in Snow Sports |
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| Injuries are common in snow sports because of the dangerous nature of the activities. Under certain circumstances, an injured party may be able to recover for injuries that are caused by improperly maintained conditions or equipment. More... |
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| Truth and Privilege Defenses to Defamation |
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| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses some of the standard defenses to defamation, including truth and privilege. More... |
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| Federal Tort Claims Act - Discretionary Function Exception |
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| The Federal Tort Claims Act (FTCA) bars claims that are based on the performance or failure to perform a discretionary function or duty of a federal agency or federal government employee, even if there is an abuse of discretion. According to this "discretionary function exception," a personal injury action cannot be filed under the FTCA if the employee's negligence arises from a discretionary function or the execution of a statute or regulation. More... |
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| 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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