Personal Injury Newsletters
Under the federal Teacher Protection Act (TPA), a school employee may be immune from civil liability when a student is injured as a result of the employee's attempt to discipline or control the student. However, the TPA does not apply under some circumstances.
The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one's privacy can cause harm.
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.
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.
In order to prove an intentional tort, such as assault or battery, the plaintiff must show that the defendant intended to commit the tort. Intent may be either specific or general.