Personal Injury Newsletters

Federal Volunteer Protection Act -- Applicability

The federal Volunteer Protection Act (VPA) applies to "volunteers."

Governmental Immunity from Suit

If a party is injured by some act of a governmental unit, official, or agency, he may or may not be permitted to sue. The reason that he may be barred from suing is because of "sovereign immunity." Traditionally, this doctrine protected governmental units, officials, and agencies from liability based on their tortious acts unless they had consented to being sued. Now, this immunity has been waived in large part and only applies in certain circumstances.

The Jones Act -- Definition of a Seaman

The Jones Act applies only to a "seaman" who is injured while working aboard a vessel in navigable waters. In order to be a "seaman" within the meaning of the Jones Act, the worker must meet certain requirements.

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.

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.