Law Offices of Philip P. DeLuca, lawyers in Long Beach, CA, California

The Eggshell Skull Rule

Suppose that a mugger approaches a jogger on a street, hoping to steal the jogger's wallet. In order to disable the jogger, the mugger strikes him on the head. Unbeknownst to the mugger, the jogger suffers from a rare medical condition that has made his skull as thin and fragile as an eggshell. Therefore, the mugger's assault kills the jogger. Under the "Eggshell Skull Rule," the mugger is liable for the death of the jogger, even though the jogger's death was unintended and unexpected.More...

Tort Law--Deterrence and Avoiding Self-Help

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. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purposes of deterrence and avoiding self-help.More...

Tort Action for Interference with a Right to Vote or to Hold Office

Under the common law, a person commits a tort when he or she intentionally deprives another person of his or her right to vote or of his or her right to hold office. A person also commits a tort when he or she seriously interferes with the other person's right to vote or to hold office. A person who commits this tort is liable to the other person for damages. More...

The Jones Act -- Definition of a Seaman

The Jones Act applies only to a "seaman" who is injured while working aboard a vessel in navigable waters. In order to be a "seaman" within the meaning of the Jones Act, the worker must meet certain requirements.More...

Rules Regarding Driving on the Right Side of a Road and Passing Another Vehicle

A motor vehicle driver is generally required to drive on the right side of a road. However, the driver does not need to drive on the right side of the road when he or she is passing another vehicle, when he or she is making a left turn, when the right side of the road is closed to traffic, or when the road has one-way traffic. More...