Personal Injury Newsletters
Assumption of Risk
Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers that are posed by the risk. The doctrine of assumption of risk may be used as a defense to a personal injury action.
Liability of Air Traffic Controllers
Air traffic controllers are responsible for the flow of air traffic in and around airports. The controllers must be licensed by the Federal Aviation Administration (FAA). The duties of the controllers are set forth in operations manuals that are prepared by the FAA. The controllers must transmit the information that is set forth in the manuals and must take all steps that are necessary for the safety of pilots and passengers.
Liability of an Airline Passenger for Providing Medical Assistance to Another Passenger
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 Tort Law Versus Criminal Law
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. This article discusses some of the distinctions between tort law and criminal law, beyond criminal law's focus on the criminal and tort law's focus on the financial harm suffered by the victim.
Res Ipsa Loquitur
In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium.
