Personal Injury Newsletters

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.

Federal Teacher Protection Act -- Preemption of State Law

The federal Teacher Protection Act (TPA) preempts state laws to the extent that such laws are inconsistent with the provisions of the TPA. However, the TPA does not preempt state laws that provide additional protection from liability to school employees.

Federal Tort Claims Act -- Intentional Torts Exception

The Federal Tort Claims Act (FTCA) applies to claims arising from the negligence of a federal government employee. The FTCA specifically bars claims that arise from an "intentional tort" committed by a federal government employee.

Interference With a Contract

When parties come together to form a contract, a third party may interfere with the performance of that contract or induce one party to breach it. In such a case, the injured party may bring an action against the third party for interfering with his economic relations with the other contracting party or parties.

Liability of Air Traffic Controllers

Air traffic controllers are responsible for the flow of air traffic in and around airports. The controllers must be licensed by the Federal Aviation Administration (FAA). The duties of the controllers are set forth in operations manuals that are prepared by the FAA. The controllers must transmit the information that is set forth in the manuals and must take all steps that are necessary for the safety of pilots and passengers.