Personal Injury Newsletters
Under a “dram shop law,” a business that sells alcohol to an intoxicated customer may be liable when the customer injures a third party. Most dram shop cases involve drunk driving.
A “guest” in an automobile is a person who rides in an automobile driven by another person for his own pleasure or business without paying the driver or conferring any benefit on him. If the guest is injured while riding in the driver’s automobile, he may be permitted to recover for any injuries that he suffers. His recovery will depend on whether or not a “guest statute” applies in the jurisdiction.
Traditionally, the “fellow-servant rule” barred an employee’s personal injury action against his or her employer if the employee’s injury was caused by a co-worker.
Members of the armed forces are generally immune from liability for damages to another person or to the other person’s property as long as the members were acting within the scope of their employment or their official duties and as long as the members were following a lawful command. The immunity applies to the members who were issuing the lawful command and to the members who were obeying the lawful command.
In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defendant intended to commit the tort. Under the doctrine of transferred intent, a defendant’s intent to commit a tort against one person may be transferred to another person.