| State Laws Regarding Recreational Boating Accidents |
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| 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.
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| Wrongful Death and Survival Statutes |
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| Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. More... |
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| Tort Law -- Like an Implied Contract |
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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. This article discusses how tort law can be viewed as a series of implied contracts. More... |
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| Nursing Home Abuse and Neglect |
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| With the increased number of elderly people in our population and the increased number of elderly people who reside in nursing homes, there has been an increase in the number of tort actions involving nursing home abuse and nursing home neglect. Although both federal and state agencies are responsible for inspecting and regulating nursing homes, many nursing home residents are being subjected to situations that may constitute abuse or neglect. More... |
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| Federal Tort Claims Act - Discretionary Function Exception |
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| The Federal Tort Claims Act (FTCA) bars claims that are based on the performance or failure to perform a discretionary function or duty of a federal agency or federal government employee, even if there is an abuse of discretion. According to this "discretionary function exception," a personal injury action cannot be filed under the FTCA if the employee's negligence arises from a discretionary function or the execution of a statute or regulation. More... |
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