Cannizzaro, Bridges, Jillisky & Streng, LLC

Personal Injury Newsletter

Mitigation of Damages
 
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.More...
 
The Jones Act -- Unseaworthiness Claims
 
The owner of a vessel has an absolute duty to provide a seaworthy vessel for his crew. Therefore, an injured seaman may sue the owner of the vessel on which the seaman was working if the vessel was unseaworthy at the time of the accident. A vessel is unseaworthy if it, its equipment, or its crew are not reasonably fit for their intended purpose.More...
 
Hedonic Damages
 
In the context of personal injury law, "hedonic damages" are damages to compensate a plaintiff for "loss of enjoyment of life," i.e., a diminished ability to enjoy the day-to-day pleasures of life. More...
 
Federal Volunteer Protection Act -- Applicability
 
The federal Volunteer Protection Act (VPA) applies to "volunteers." More...
 
Defamatory Statements
 
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 first element, making a false statement. A false statement of fact about a person that tends to harm the person's reputation is known as a defamatory statement.More...
 
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