Personal Injury Newsletters

Defamatory Statements

A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. In such a case, the person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the first element, making a false statement. A false statement of fact about a person that tends to harm the person's reputation is known as a defamatory statement.

Hedonic Damages

In the context of personal injury law, "hedonic damages" are damages to compensate a plaintiff for "loss of enjoyment of life," i.e., a diminished ability to enjoy the day-to-day pleasures of life.

Rights and Duties of Pedestrians

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.

The Fellow-Servant Rule

Traditionally, the "fellow-servant rule" barred an employee's personal injury action against his or her employer if the employee's injury was caused by a co-worker.

Torts in Basketball

Basketball players and spectators may be injured during the course of a basketball game. In certain situations, they may be able to recover in a negligence action for their injuries.