Personal Injury Resources
Transferred Intent
Posted on November 13, 2011
In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defendant intended to commit the tort.
Under the doctrine of transferred intent, a defendant's intent to commit a tort against one person may be transferred to another person.
Nominal Damages
Posted on November 13, 2011
If an injured party is harmed or has property that is damaged by the intentional or negligent conduct of a defendant, he may bring an action to recover damages. Sometimes the injured party recovers a verdict but only nominal, or minimal, damages.
Rules Regarding Unusual Driving Conditions
Posted on November 13, 2011
Transportation Law: Private Motor Vehicles: Traffic Regulation
When the weather or other conditions affect a driver's view of a highway or roadway, the driver has a duty to act with reasonable care under the circumstances. In other words, the driver is required to act with the same degree of care that a reasonable person would have acted under the circumstances.
Aviation Litigation
Posted on November 13, 2011
Transportation Law: Air Transportation:Personal Injury & Property Damage
Aviation litigation may involve commercial or private airline accidents. When a flight crosses state lines or when an aircraft contains passengers from several different states, an accident will often result in large multi-party lawsuits and litigation in several states or in several federal district courts. When several states are involved, it must be determined whether the state courts or the federal courts are entitled to exercise subject-matter jurisdiction over the accident and which state's laws will apply to the accident.