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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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