Personal Injury Newsletters

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.

Family Car Doctrine

Under the family car doctrine (or family purpose doctrine), the owner of a car is liable for a plaintiff's personal injuries if the injuries were caused by one of the owner's family members while driving the car. The doctrine applies only to cases in which the car is owned for family purposes and the owner's family members had his or her express or implied permission to drive the car.

Fraud Requires Deceitfulness and Reasonable Reliance

Liability for fraud exists when six elements are proven: (1) knowingly, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the third element, deceitfulness, and the fourth element, reasonable reliance.

The Collateral Source Rule

The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant.

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.