Personal Injury Newsletters

Tort Action for Failure to Provide Facilities to the Public

Under the common law, a person commits a tort when he or she fails to provide a public utility or a public facility to a member of the public. In order to be liable for this tort, the person must have a non-contractual duty to provide the public utility or the public facility to the public. A denial of the public utility or the public facility constitutes a breach of that duty.

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.

Liability of Airport Owners and Operators

Most airports are owned by state governmental units or state political subdivisions, such as cities, counties, or airport districts. Governmental units or political subdivisions are generally not liable for torts that result from the performance of a governmental function. Governmental units or political subdivisions are only liable for torts that result from the performance of a proprietary function.

False Imprisonment

Have you ever been detained for questioning at a department store because an item in your shopping bag set off an alarm at the exit? If so, you may have considered suing the store for false imprisonment. In most cases, however, you would lose.

LIABILITY OF AIRLINES

An airline may be liable to its passengers for an aircraft accident based upon its status as a common carrier, its contract with the passengers, or an implied or express warranty regarding the safety of its aircraft. An airline may also be liable to its passengers for delays, for discrimination, or for wrongful expulsion