Newsletters

Proximate Cause

In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation.

Tort Action for Sale of Habit-Forming Drug to a Minor Child

A person who unlawfully sells or supplies a habit-forming drug to a minor child may be liable to the child's parent for damages. The person is liable to the parent if the parent incurred a loss of the child's services or if the parent incurred medical expenses on behalf of the child as a result of the sale of the habit-forming drug.

Torts in Basketball

Basketball players and spectators may be injured during the course of a basketball game. In certain situations, they may be able to recover in a negligence action for their injuries.

Negligent Misrepresentation

Society recognizes a standard of business ethics that demands that factual representations be made carefully and honestly. A "representation" may consist of words or conduct. If a person makes a misrepresentation to another in business, it may give rise to liability on his part, even if he did not know that he was making a misrepresentation.

The Medical Care Recovery Act

The federal government operates one of the largest health care systems in the world when it provides medical treatment and benefits to its members of the armed forces. For this reason, the Medical Care Recovery Act (MCRA) was enacted in order to allow the government to recover its expenses from a third party when the third party is responsible for injuries that have been sustained by an active duty service member, a retired service member, or a dependent of an active duty or a retired service member.