Newsletters
Comparative Negligence vs. Contributory Negligence
Under the legal doctrine of comparative negligence, when both the plaintiff and the defendant are guilty of negligence, the plaintiff's damage award will be reduced by the amount of his responsibility for the accident. For example, a motorcycle rider collides with a truck driver at an intersection.
The Tort Definition Debate
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.
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.
Nursing Home Abuse and Neglect
With the increased number of elderly people in our population and the increased number of elderly people who reside in nursing homes, there has been an increase in the number of tort actions involving nursing home abuse and nursing home neglect. Although both federal and state agencies are responsible for inspecting and regulating nursing homes, many nursing home residents are being subjected to situations that may constitute abuse or neglect.
Rules Regarding Driving on the Right Side of a Road and Passing Another Vehicle
A motor vehicle driver is generally required to drive on the right side of a road. However, the driver does not need to drive on the right side of the road when he or she is passing another vehicle, when he or she is making a left turn, when the right side of the road is closed to traffic, or when the road has one-way traffic.
