| Mitigation of Damages |
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| 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. More... |
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| Invasion of Privacy--False Light |
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| The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one's privacy causes harm. More... |
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| Federal Volunteer Protection Act -- Exceptions |
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| The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, under some circumstances, a volunteer is not immune from liability for such harm. More... |
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| Negligence Per Se |
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| Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence. More... |
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| Defenses to Actions Involving Recreational Boating Accidents |
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| When a plaintiff files a lawsuit regarding a recreational boating accident, the defendant may claim defenses that are similar to those available in any other accident case. Such defenses include that the accident was inevitable, that the plaintiff was contributorily negligent or assumed the risk, that there was a superseding cause, or that the plaintiff's action is barred by the doctrine of laches or by a statute of limitations.
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