| Mitigated 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.More... |
| DEFENSES TO MOTOR VEHICLE NEGLIGENCE ACTIONS |
| When an owner or a driver of a motor vehicle is sued for negligence for an accident, the owner or the driver may claim several defenses in the lawsuit. Such defenses include that the person seeking damages was contributorily negligent, that the accident was unavoidable, that there was a sudden emergency, that the owner or the driver's conduct was not the proximate cause of the accident, or that the owner or the driver had an excuse. More... |
| Assumption of Risk |
| Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers posed by the risk. The doctrine of assumption of risk may be used as a defense to a personal injury action.More... |
| Tort Law--Criminal Law Versus Civil Law |
| 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. Law is sometimes divided into civil law and criminal law. This article discusses the distinction between civil law and criminal law as it relates to tort law and personal injury.More... |
| Defamatory Statements |
| A lawsuit for defamation has the following basic elements: (1) making a false statement (2) about a person (3) to others, and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. The person who made the statement has to have made the statement with a known or reckless disregard of the truth. This article discusses the first element, making a false statement. A false statement of fact about a person which tends to harm the person's reputation is known as a defamatory statement.More... |
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