Personal Injury Newsletters

Liability of a Cruise Ship for Emotional Distress Claims

Under the Coast Guard Authorization Act of 1996, cruise ships may use ticket contracts to disclaim liability for emotional distress, mental suffering, and psychological injury claims by passengers.

Interference with a Premarital Relationship

Although there have been causes of action in the past for breach of a promise to marry, which causes of action were based on contract law, there has never been a cause of action in tort for alienation of affections with regard to an engaged person or for sexual intercourse with an engaged person.

Defenses to Actions Involving Recreational Boating Accidents

When a plaintiff files a lawsuit regarding a recreational boating accident, the defendant may claim defenses that are similar to those available in any other accident case. Such defenses include that the accident was inevitable, that the plaintiff was contributorily negligent or assumed the risk, that there was a superseding cause, or that the plaintiff's action is barred by the doctrine of laches or by a statute of limitations.

Federal Teacher Protection Act -- Punitive Damages

The federal Teacher Protection Act (TPA) attempts to limit punitive damage awards against school employees in cases in which they are not immune from liability.

Tort Action for Causing a Minor Child to Leave Home

Under the common law, a person who compels or induces a minor child to leave his or her home or to not return to his or her home is liable to the parent of the minor child for damages. The parent who is legally entitled to custody of the minor child is entitled to file an action against the person.