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 more or less immediate reaction. Due to the frequency of their operations and the nature of their use, emergency vehicles are inevitably involved in accidents that result in the bringing of legal actions seeking to recover damages for death, personal injury, or property damage caused by such accidents.

Emergency vehicles are employed for public purposes and, as their name suggests, are frequently called upon to respond in situations created by public or private emergencies. In some states, governmental units with responsibility for the operations of emergency vehicles may therefore argue that they should be immune from liability in tort actions resulting from the involvement of those vehicles in accidents. A related consideration is the fact that the operators of emergency vehicles are often exempted from the duty to obey traffic regulations during emergency operations. A plaintiff in such an action may assert that emergency vehicle operators nonetheless have a duty to exercise care to avoid injuring others during the operation of their vehicles and that a breach of that duty was the cause of the accident at issue in the litigation. In particular, a plaintiff in such a case may assert that conduct such as the negligent or reckless operation of a police car in a high-speed chase that unnecessarily endangers other drivers or pedestrians should not be excused on the ground that the vehicle was responding to an emergency at the time.

Tort law, the branch of the legal system that deals with the recovery of damages for private injuries or wrongs not arising from contractual relationships, has developed in the United States out of the separate legal systems of each of the states rather than out of a single unified body of federal law. As a result, the legal standards governing tort liability for the use of emergency vehicles will vary from state to state.

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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 properly maintain and repair highways and associated structures such as bridges and tunnels have led to the bringing of legal actions claiming damages for deaths, personal injuries, or property damage caused by such occurrences. Such actions can involve both governmental units and contractors who perform highway repair and maintenance work on behalf of those governmental units.

The maintenance and repair of the public streets and highways are the responsibilities of government at its various levels. As a result, government entities have a duty to properly maintain the public roads and to repair deficiencies in the road system that come to their attention. Actions seeking to recover damages as a result of failure to properly maintain and repair public roadways may involve incidents resulting from a defect existing in a highway itself, or they may be based on conditions at a road repair site, and contractors working at such a site may thus become involved in these suits. The standards for bringing such legal actions are often set out in bodies of statutory law referred to as tort claims acts, which sometimes contain requirements that a claimant provide the governmental unit involved in the case with notice of the claim prior to filing such an action.

Tort law, the branch of the legal system that deals with the recovery of damages for private injuries or wrongs not arising from contractual relationships, has developed in the United States out of the separate legal systems of the individual states, supplemented by a related body of decisional law created in federal courts throughout the country, rather than out of a single unified body of federal law. As a result, the legal standards governing liability for failure to properly maintain and repair the public highways will vary from state to state.

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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 when the vehicle was used for its intended purpose and that the alleged defect caused the occurrence of a collision or similar incident, for example a vehicle fire, that resulted in the death, personal injury, or property damage for which the plaintiff seeks to recover damages. Such alleged defects in a vehicle may include shortcomings in its design, errors in the manufacturing of its numerous parts and their assembly into a complete car or truck, or failure to properly warn the purchaser or user of some danger inherent in the operation and use of the vehicle.

While manufacturing defects, a term that is here meant to encompass mistakes both in the manufacture of the thousands of individual parts that go into a car or truck and in their final assembly into a complete vehicle, are in one way susceptible of fairly direct proof, a number of difficulties stand in the way of proving such a case. If a part is designed to be configured in a certain way, or the connection between two parts is supposed to be made in a certain way, and the allegedly defective part taken from the vehicle involved in the case is configured in a different way or the connection between parts is shown to be other than as designed, it can be argued that the part or assembly that was put into the suspect vehicle was indeed defective. (It should be noted that the condition of a part after an accident is not conclusive proof of its condition before the accident took place.) The manner in which the manufacturing or assembly defect led to a failure in the vehicle’s normal operation that caused the accident or other incident, however, will still have to be proved. And in many cases, particularly those arising out of serious accidents that result in major vehicle damage, the car or truck involved will have been disposed of and the parts will not be available for inspection or as evidence in court, leaving the proof in the case to be based on the competing opinions of expert witnesses about what aspect of a vehicle and its performance might have been the cause of an accident.

Products liability law in the United States, including automotive products liability law, has grown and developed over more than half a century under the separate legal systems of each of the states rather than as a single unified body of federal law. (The National Highway Traffic Safety Administration, popularly known as NHTSA, has enacted a body of Federal Motor Vehicle Safety Standards, or FMVSS, with which every new motor vehicle has to comply, and these federal regulations may have some bearing on a products liability action.) While the principles of products liability law in the different states contain many similarities, the legal standards applied in automotive products liability actions involving claims of manufacturing defects will vary from state to state.

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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 implicate numerous issues in the area of auto insurance and the insurance coverage afforded in incidents involving such vehicles.

In addition to the usual questions about insurance coverage that are raised by the ownership and operation of any motor vehicle, the operations of taxicabs present problems unique to the use of automobiles for such a purpose. The fact that taxicab rides involve interactions between strangers, and the urgency and stress with which they are sometimes conducted, may result in incidents that raise issues of whether such intentional acts as assaults during the course of a taxicab ride are to be considered accidental occurrences for purposes of determining insurance coverage. Similarly, questions may arise as to whether the actions of passengers are to be deemed a part of the use and operation of a taxicab for coverage purposes. Taxicab operations are often covered by municipal ordinances and regulations that may impose insurance requirements of their own, adding one more layer of legal standards to the laws governing insurance coverage of taxicab operations.

The business of insurance in the United States, including that of motor vehicle insurance, has historically been governed by the separate laws of each of the states rather than by a single unified body of federal law. As a result, the legal standards related to insurance coverage of taxicab operations will vary from state to state, and will be found in the state statutes regulating the business of insurance and in the decisions of courts dealing with insurance law.

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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 underinsured motorist coverage, sometimes abbreviated UIM, or uninsured motorist coverage, sometimes abbreviated UM. The intent of such provisions is to give persons insured under auto insurance policies and innocent third persons some of the insurance protection they would have enjoyed if the underinsured or uninsured motorist with whom they are involved in an accident had maintained adequate insurance coverage on an uninsured or underinsured vehicle.

Underinsured motorist or uninsured motorist provisions in auto insurance policies generally state that an insurer will provide up to a specified amount of coverage for the benefit of an insured or a third party within the class of persons included in the coverage, if such an individual suffers damages as the result of an accident with a vehicle that comes within the definition of an underinsured vehicle or uninsured vehicle for purposes of the policy. Legal issues that can arise from the system of underinsured motorist coverage and uninsured motorist coverage include the mandatory or voluntary nature of the coverage; the permissibility of “stacking” underinsured or uninsured motorist coverages on more than one vehicle or policy to increase coverage that would otherwise be inadequate to fully compensate a party entitled to receive benefits under such coverage; the effect of consent to settle clauses, which prohibit an insured from obtaining a legal judgment against or a settlement from an underinsured or uninsured driver without the consent of the insurer; and the nature and extent of the insurer’s subrogation right, which permits an insurer that has paid out benefits under the underinsured or uninsured motorist provision of a policy to take legal action against the underinsured or uninsured driver in an attempt to recover some or all of the amount it has paid out under the policy.

The business of insurance in the United States, including that of motor vehicle insurance, has traditionally been governed by the individual laws of each state rather than by a single unified body of federal law. As a result, the legal standards governing underinsured motorist coverage and uninsured motorist coverage vary from state to state, and will be found in state statutes regulating the business of insurance, and in the decisions of courts dealing with issues related to insurance law.

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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 electric saw. The worker files a personal injury action against the owner of the sawmill, claiming that the owner negligently equipped the sawmill with unsafe saws. At trial, the worker proves that the saws in the owner’s sawmill did not have finger guards. The worker seeks to introduce evidence that all other sawmills in the vicinity used saws with finger guards. The court will probably admit this evidence because industry custom is usually admissible in a case of this sort.

However, custom is never conclusive proof of negligence. A defendant may rebut a plaintiff’s evidence of custom. In addition, a jury is free to reject evidence of custom.

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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 person would be liable under state law. Therefore, the FTCA applies only to personal injury actions that arise from the negligence of a federal government employee.

Under the FTCA, federal government employees include any officer or employee of a federal government agency and members of the United States Armed Forces and National Guard.

Contractors

The FTCA does not apply to personal injury actions that arise from the negligence of contractors. Generally, a person is a contractor (rather than a federal government employee) if:

(1) the government does not have the power to control the physical performance of his duties; and

(2) the government does not supervise his day-to-day operations.

A plaintiff may not file a personal injury action against the federal government under the FTCA for injuries that arise from a contractor’s negligence.

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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 four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purpose of compensation.

Legal Injury

Every victim of a tort suffers at least one legal injury. A legal injury is a violation of a legal right. The legal injury usually causes financial harm to the victim, such as the cost of repairing or replacing something or the cost of treatment for a some physical injury. Because a legal injury usually causes financial harm to the victim, justice requires that the victim be entitled to receive financial compensation from the person who committed the tort for the financial harm caused. Indeed, tort law does generally provide financial compensation for the financial harm caused by a violation of tort law.

Damages

In tort law, the financial harms suffered by a victim are known as damages. The financial compensations that tort law awards to victims — the financial compensation that tort law obligates the person who committed the tort to pay — are also known as damages. The person who committed the tort is said to be liable for those damages. In short, tort law establishes liability for damages.

Kinds of Damages

In tort law, there are three kinds of damages.

Compensatory damages are damages designed to pay for the actual harm that the victim suffered as a result of a legal injury. Compensatory damages are designed to make the victim “whole.”

Nominal damages are damages designed to vindicate the victim’s right to sue were actual harm has not been suffered as a result of a legal injury. Because actual damages are an element of the tort of negligence, nominal damages cannot be awarded in a negligence case.

Punitive damages are damages designed to punish the person who committed the tort whether or not actual harm has been suffered as a result of a legal injury. Punitive damages are awarded when the conduct of the person who committed the tort is found to be malicious, wanton, or willful.

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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: appropriation; false light; intrusion; and disclosure. In most states, the rights under these lawsuits are personal. Most end when a person dies, and they do not apply to corporations and other legal entities.

This article discusses the invasion of privacy lawsuit known as appropriation.

Your Name, Likeness, or Personality

People have a general right to not be exploited without their consent. Appropriation is defined as the use of a person’s name, likeness, or personality for the benefit of another. The classic example of appropriation is someone using your picture to advertise a product, without your consent. The classic example of consent to appropriation is the business of modeling, whereby a person’s likeness is used in the advertising of clothing.

The Elements of Appropriation

The basic elements of appropriation are (1) unreasonably, either intentionally or negligently, (2) using a person’s name, likeness, or personality for the benefit of another. Special damages and punitive damages, if any, must also be proven.

Defenses to Appropriation

The defendant in an appropriation lawsuit can challenge the plaintiff’s proof of the basic elements of appropriation. For example, the defendant may be able to show that the person pictured in an advertisement is merely someone who resembles the plaintiff but, in fact, is not the plaintiff.

The defendant in an appropriation lawsuit can defend on the basis that what the plaintiff contends is private is actually public. Matters of public record are not private. If a person is involved in a matter of legitimate public concern, a “newsworthy” event, the person becomes a public figure with respect to that event, regardless of the person’s intentions or desires. If a person is a public official or public figure, his or her reasonable expectations of privacy are dramatically reduced. As a practical matter, a public official or public figure cannot successfully sue unless the invasion of privacy is outrageous or done with actual malice.

A common defense to invasion of privacy is consent, express or implied. A person who accepts money or other considerations in exchange for the invasion of privacy is said to have sold his or her “rights.” Also, some defendants, such as government officials, have immunity.

Note that, unlike a defamation lawsuit, truth is not a defense. Because the interest being protected by an appropriation lawsuit is a person’s privacy, not a person’s reputation, truth is irrelevant.

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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 person or for sexual intercourse with an engaged person.

An engaged person is not entitled to maintain an action against a third party for alienation of affections. It does not matter whether the third party is a parent of the engaged person or whether the third party is competing for the affection of the engaged person. Also, it does not matter if the third party has ill will towards the engaged person.

The reason that an engaged person is not entitled to maintain an action against a third party for alienation of affections is that alienation of affections requires an existing marital relationship. If the engaged person is not married to another person, he or she is not entitled to maintain the action.

An engaged person is also not entitled to maintain an action against a third party for criminal conversation or for sexual intercourse with the person with whom he or she is engaged. It does not matter whether the third party had the consent of the engaged person. It also does not matter whether the engaged person did not learn of the act of sexual intercourse until after he or she was married or whether the engaged person did not marry the other person as a result of the act of sexual intercourse.

The reason that an engaged person is not entitled to maintain an action against a third party for criminal conversation is that the engaged person is not entitled to damages for loss of his or her exclusive sexual relationship with another person or for the other person’s services or support until he or she is married to the other person.

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