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Parental Immunity

Traditionally, the legal doctrine of "parental immunity" prohibited a minor, unemancipated child from suing his or her parent for personal injuries under any circumstances. The purpose of the parental immunity doctrine was to preserve family...

Defense of Others

Defense of Others

In an action against a defendant for an intentional tort, such as battery, the defendant may defend the action by claiming that he or she acted in self-defense. Similarly, under some...

The Duty of Adults to Children

Generally, the law requires a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This is called "the duty of reasonable care." A person who breaches his duty of reasonable care is...

Custom as Proof of Negligence

In some circumstances, custom may be used as proof of negligence in a personal injury action.

For example, a worker in a sawmill is injured when he or she accidentally puts his or her hand onto the blade of an electric saw....

Tort Law--Deterrence and Avoiding Self-Help

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...