| Duty of a Correctional Facility to Prevent Suicide |
| Jails, prisons, and other types of correctional or detention facilities have a legal duty to ensure the safety of their inmates. This duty arises because the facility has actual physical custody of and control over its inmates. As part of this duty, the facility has a limited duty to prevent its inmates from committing suicide while in custody. More... |
| Federal Volunteer Protection Act - Preemption of State Law |
| The federal Volunteer Protection Act (VPA) preempts state laws to the extent that such laws are inconsistent with the VPA. However, state laws that offer additional protections to volunteers are not preempted by the VPA. More... |
| Negligence |
| An injured plaintiff may bring an action against a defendant to recover for injuries caused by the defendant's negligence. Negligence is generally the failure to use the care that a reasonable and prudent person would use to avoid an injury. To maintain a negligence action, the plaintiff must prove that the defendant owed a legal duty to the plaintiff, that the defendant breached the duty, that the breach was both the actual and proximate, or legal, cause of the plaintiff's injury, and that the plaintiff suffered damages.More... |
| Negligent Infliction of Emotional Distress |
| People may suffer emotional distress that manifests itself as mental suffering, mental anguish, nervous shock, fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea. Historically, claims for damages for emotional distress caused by a defendant's negligence were usually denied. However, almost every state now recognizes the right to recover for negligent infliction of emotional distress.More... |
| Fraud Requires a Misrepresented "Fact" |
| Liability for fraud exists when six elements are proven: (1) knowing, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the second element, making a material misrepresentation. Liability for fraud requires the making of a false representation of a material fact.More... |
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