| Tort Action for Violation of a Fiduciary Duty |
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| A person who has a fiduciary relationship with another person commits a tort when he or she breaches his or her fiduciary duty with regard to the other person. The other person is entitled to damages from the fiduciary if he or she sustains damages as a result of the fiduciary's breach of his or her duty.
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| Wrongful Death & Survival |
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| Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. Survival statutes relate to the claims of the decedent rather than those of his heirs.
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| Custom as Proof of Negligence |
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| 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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| Examples of Non-Defamatory Opinion |
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| Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses two examples of one of the standard defenses to defamation: opinion.More... |
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| Classifying Torts |
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| 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 how tort law is classified.More... |
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