| Causing a Spouse to Separate from or to Refuse to Return to Another Spouse |
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| Under the common law, there existed a tort for causing a spouse to separate from or to refuse to return to another spouse. Although most states have enacted statutes that have abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort.
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| Custom as Proof of Negligence |
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| In some circumstances, custom may be used as proof of negligence in a personal injury action. For example, a worker in a sawmill is injured when he or she accidentally puts his or her hand onto the blade of an electric saw. More... |
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| Tort Law--Deterrence and Avoiding Self-Help |
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| 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... |
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| The Jones Act -- Maintenance and Cure |
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| Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "maintenance" and "cure" benefits from his employer, even if the employer was not negligent and the vessel was not unseaworthy. Maintenance and cure benefits are similar to workmen's compensation benefits; however, no government agency is involved in the administration of maintenance and cure benefits. More... |
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| Pharmacists' Duty to Warn |
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| A patient who has an adverse reaction to a prescription drug may file a personal injury action against the pharmacy that sold the drug, claiming that the pharmacy negligently failed to warn the patient of the risks associated with taking the drug. The outcome of such a case will depend on whether the pharmacy had a duty to warn the patient. More... |
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