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Personal Injury Newsletter
Federal Tort Claims Act -- Federal Government Employees
 
The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, the FTCA applies only to personal injury actions that arise from the negligence of a federal government employee.More...
 
Federal Volunteer Protection Act -- Preemption of State Law
 
The federal Volunteer Protection Act (VPA) preempts state laws to the extent that such laws are inconsistent with the VPA. However, state laws that offer additional protections to volunteers are not preempted by the VPA. More...
 
State Laws Regarding Recreational Boating Accidents
 
State laws govern lawsuits regarding recreational boating accidents only if federal laws and the general maritime law do not apply. Federal laws and the general maritime law may apply to a lawsuit even if the lawsuit is filed in a state court. However, if a plaintiff waives the federal laws or the general maritime law, the lawsuit will be governed by state laws. More...
 
Real Estate
 
Every property owner is entitled to use his land in a reasonable way. His use, however, may exceed the bounds of reason and become an inconvenience or even a nuisance to others. A nuisance is more than a mere inconvenience that has to be tolerated. If a nuisance rises to a certain level, it may be actionable. Some examples of nuisances include odors and noise.More...
 
Custom as Proof of Negligence
 
In some circumstances, custom may be used as proof of negligence in a personal injury action. For example, a worker in a sawmill is injured when he or she accidentally puts his or her hand onto the blade of an electric saw. More...
 
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