Newsletters

State Laws Regarding Recreational Boating Accidents

State laws govern lawsuits regarding recreational boating accidents only if federal laws and the general maritime law do not apply. Federal laws and the general maritime law may apply to a lawsuit even if the lawsuit is filed in a state court. However, if a plaintiff waives the federal laws or the general maritime law, the lawsuit will be governed by state laws.

Proving Defamation Damages

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. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the fourth element, actual damages.

Tort Law -- Like an Implied Contract

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. This article discusses how tort law can be viewed as a series of implied contracts.

TORT LIABILITY OF TENANTS

Because a tenant is an occupier of property, the tenant is liable for all dangerous conditions or activities that are conducted on the property just as any other occupier of property would be. However, the tenant is only liable for areas over which the tenant has control. The tenant is not responsible for areas outside the leased premises or over which the landlord has control.

Defenses to Actions Involving Recreational Boating Accidents

When a plaintiff files a lawsuit regarding a recreational boating accident, the defendant may claim defenses that are similar to those available in any other accident case. Such defenses include that the accident was inevitable, that the plaintiff was contributorily negligent or assumed the risk, that there was a superseding cause, or that the plaintiff's action is barred by the doctrine of laches or by a statute of limitations.