Personal Injury

Tort Action for Causing a Minor Child to Leave Home
Under the common law, a person who compels or induces a minor child to leave his or her home or to not return to his or her home is liable to the parent of the minor child for damages. The parent who is legally entitled to custody of the minor child is entitled to file an action against the person. More...
The Death on the High Seas Act
In 1920, the United States Congress enacted the Death on the High Seas Act (DOHSA). Originally, the purpose of DOHSA was to help the widows of seamen who died in accidents at sea. Under DOHSA, a widow could file a wrongful death action against the seaman's employer or the owner of the vessel on which the seaman was working at the time of his death. The scope of the DOHSA has been greatly expanded since its enactment. More...
The Jones Act -- Negligence Claims
An injured seaman may sue his employer for damages under the Jones Act if the employer's negligence contributed to the seaman's injury. Under the Jones Act, the seaman is only required to prove that the employer's negligence was a cause, however slight, of the seaman's injury. More...
Tort Law--Deterrence and Avoiding Self-Help
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. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purposes of deterrence and avoiding self-help. More...
Malicious Prosecution
People who attempt to redress their grievances against others in court sometimes bring actions against the wrong people by mistake or intentionally. In certain circumstances, a defendant may recover against the plaintiff who improperly brought him to court. More...

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