Rivers, Beck, Dalrymple & Ledet
Personal Injury Newsletter
The Jones Act -- Maintenance and Cure
 
Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "maintenance" and "cure" benefits from his employer, even if the employer was not negligent and the vessel was not unseaworthy. Maintenance and cure benefits are similar to workmen's compensation benefits; however, no government agency is involved in the administration of maintenance and cure benefits. More...
 
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.More...
 
Assumption of Risk
 
Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers that are posed by the risk. The doctrine of assumption of risk may be used as a defense to a personal injury action.More...
 
Invasion of Privacy--Intrusion
 
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 causes harm.More...
 
Negligence Per Se
 
Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence. More...
 
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