Personal Injury Newsletters

Duty of a Correctional Facility to Prevent Suicide

Jails, prisons, and other types of correctional or detention facilities have a legal duty to ensure the safety of their inmates. This duty arises because the facility has actual physical custody of and control over its inmates. As part of this duty, the facility has a limited duty to prevent its inmates from committing suicide while in custody.

Federal Tort Claims Act -- Intentional Torts Exception

The Federal Tort Claims Act (FTCA) applies to claims arising from the negligence of a federal government employee. The FTCA specifically bars claims that arise from an "intentional tort" committed by a federal government employee.

Fraud Requires Deceitfulness and Reasonable Reliance

Liability for fraud exists when six elements are proven: (1) knowingly, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the third element, deceitfulness, and the fourth element, reasonable reliance.

Mitigation of Damages

Mitigation of damages is sometimes referred to as the doctrine of avoidable consequences. The doctrine requires a plaintiff who is injured by a defendant to take steps to minimize his damages. It applies after the defendant commits the tort but at a time when the plaintiff still has an opportunity to avoid at least part of the consequences.

Tort Law--Substance and Procedure

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. Law is sometimes divided into substantive law and procedural law. This article discusses the distinction between substantive law and procedural law as it relates to tort law and personal injury.