Davis, Sturges & Tomlinson
Personal Injury Newsletter
Tort Action for Interference with a Dead Body
 
Under the common law, a person commits a tort when he or she intentionally, recklessly, or negligently removes, withholds, mutilates, or operates upon the body of a dead person or when he or she prevents the proper burial or cremation of the dead body. The person who commits this tort is liable for damages to the family member or members of the deceased person. More...
 
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.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...
 
The Sudden Emergency Doctrine
 
Under the "sudden emergency doctrine," a person is not liable for his reasonable response to a sudden emergency, so long as the person did not create the emergency. The sudden emergency doctrine may be used as a defense to a personal injury action.More...
 
Whom to Sue in Automobile Cases
 
A person who is injured in an automobile accident may seek to recover for his injuries against one or more parties, including the driver or the owner of the automobile that caused the accident. This article addresses the parties who are potentially liable for an injured party's injuries arising from an automobile accident.More...
 
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