Author Archives: Daigneault, Abel & Daigneault
Tort Liability for Use of Emergency Vehicles
The operations of emergency vehicles are a common everyday feature on the streets and highways of the United States. These operations consist of the employment of vehicles that include ambulances, police cars, and fire trucks in response to situations demanding … Continue reading
Tort Liability for Highway Maintenance
The massive collapse of an interstate highway bridge in Minnesota in 2007 has served as a stark reminder of the problems created by the aging infrastructure in the United States. Numerous less dramatic examples of the consequences of failure to … Continue reading
Manufacturing Defects in Automotive Products Liability Cases
The essential things that have to be proved by a plaintiff in a products liability action against the manufacturer or seller of a car or truck are that the vehicle contained a defect that created an unreasonable risk of danger … Continue reading
Auto Insurance Coverage for Taxicabs
The ubiquitous taxicab is a fixture in the more densely populated areas of the United States. The sheer numbers of such vehicles, and the intensive nature of the manner in which they operate, create types and volumes of risks that … Continue reading
Overview of Underinsured/Uninsured Motorist Coverage
Because a substantial number of owners and operators of cars and trucks in the United States fail to maintain adequate insurance coverage or operate their vehicles without any insurance coverage at all, many motor vehicle insurance policies contain provisions for … Continue reading
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 … Continue reading
Federal Tort Claims Act — Federal Government Employees
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 … Continue reading
Tort Law — Compensation for Damages
Tort Law — Compensation for Damages 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. Most scholars agree that tort law has … Continue reading
Invasion of Privacy–Appropriation
The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one’s privacy causes harm. There are four well-established lawsuits for invasion of privacy: … Continue reading
Interference with a Premarital Relationship
Although there have been causes of action in the past for breach of a promise to marry based on contract law, there has never been a cause of action in tort for alienation of affections with regard to an engaged … Continue reading