Newsletters
Defamation and Protection of a Good Reputation
The law of defamation exists to provide some protection to a person's deserved good reputation. What is a person's reputation? It is the esteem to which the person is held or regarded by others. A person who does good and does not cause harm to others tends to develop a good reputation. It can be beneficial to have a good reputation. Others may reasonably rely on a person's good reputation in dealing with that person.
Wrongful Death & Survival
Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. Survival statutes relate to the claims of the decedent rather than those of his heirs.
Actions Against Parents for Torts of Children
Generally, parents are not liable for the torts of their minor children. However, there are exceptions to this general rule, and parents may be held liable in certain circumstances.
Personal Injury Actions between Spouses
When spouses commit torts against each other, a cause of action may or may not be available to the injured spouse. It depends upon the jurisdiction and the type of injury.
The Duty of Children
Generally, the law requires a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This is called "the duty of reasonable care." A person who breaches his duty of reasonable care is guilty of negligence.
