| Defense of Others |
| In an action against a defendant for an intentional tort, such as battery, the defendant may defend the action by claiming that he or she acted in self-defense. Similarly, under some circumstances, a defendant may claim defense of others as a defense. Defense of others is a proper defense when the person the defendant was trying to defend would have been justified in using force to defend himself or herself. More... |
| Federal Teacher Protection Act -- Exceptions |
| Under the federal Teacher Protection Act (TPA), a school employee may be immune from civil liability when a student is injured as a result of the employee's attempt to discipline or control the student. However, the TPA does not apply under some circumstances.More... |
| Torts in Sports |
| Both spectators and participants are at risk for injuries when they attend or engage in sports activities because of the inherent risks involved in sports. Some sports are rougher than others and involve more risk. An injured spectator or participant may be able to recover for injuries that he sustains at or in a sporting event.More... |
| Federal Volunteer Protection Act -- Exceptions |
| The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, under some circumstances, a volunteer is not immune from liability for such harm.More... |
| Federal Tort Claims Act -- Notice of Claim |
| Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written "notice of claim," or "administrative claim," to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to a personal injury action against the federal government. If no notice of claim has been given, a court will dismiss the action.More... |
Phelon, FitzGerald & Wood, P.C.
Attorneys at Law
