Personal Injury Newsletters
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.
Liability for fraud exists when six elements are proven: (1) knowing, recklessly, or without reasonable grounds, (2) making a material misrepresentation (3) to deceive another (4) who reasonably relies on the misrepresentation (5) causing that person (6) actual damages. This article discusses the second element, making a material misrepresentation. Liability for fraud requires the making of a false representation of a material fact.
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.
A pedestrian generally has a right-of-way in a crosswalk. A motor vehicle driver is required to yield the right-of-way to a pedestrian in a crosswalk, even if the driver has a green light. If a pedestrian control signal is working and is in the “walk” position, the pedestrian has the right-of-way. If the pedestrian control signal is not working, a motor vehicle driver is required to yield the right-of-way when the pedestrian is on the driver’s side of the road or if the pedestrian would be in danger.
In 1920, the United States Congress enacted the Death on the High Seas Act (DOHSA). Originally, the purpose of DOHSA was to help the widows of seamen who died in accidents at sea. Under DOHSA, a widow could file a wrongful death action against the seaman’s employer or the owner of the vessel on which the seaman was working at the time of his death. The scope of the DOHSA has been greatly expanded since its enactment.