John L. Moore, IV
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Personal Injury Newsletter
TORT LIABILITY OF TENANTS
 
Because a tenant is an occupier of property, the tenant is liable for all dangerous conditions or activities that are conducted on the property just as any other occupier of property would be. However, the tenant is only liable for areas over which the tenant has control. The tenant is not responsible for areas outside the leased premises or over which the landlord has control.More...
 
Alternative Causes of an Injury
 
Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his or her injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his or her negligent act did not cause the plaintiff's injury.More...
 
Federal Teacher Protection Act -- Preemption of State Law
 
The federal Teacher Protection Act (TPA) preempts state laws to the extent that such laws are inconsistent with the provisions of the TPA. However, the TPA does not preempt state laws that provide additional protection from liability to school employees. More...
 
Tort Law - Generally
 
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. This article discusses the words used to describe those who commit torts and how tort law is a particular collection of accepted legal theories for suing people for money.More...
 
Common Law Tort Action Against Person Having Sexual Relations with Female Child
 
Under the common law, a person who has sexual relations with a female child is liable to the child's parent for damages. The tort action is based on the parent's lack of consent. Damages are based on the parent's loss of services or the medical expenses that the parent incurred on behalf of the child as a result of the sexual relations. Although these types of cases are quite rare and some states have abolished actions for these types of cases, there are still some states in which the cause of action may be maintained. More...
 
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