Newsletters

Tort Liability of Members of the Armed Forces

Members of the armed forces are generally immune from liability for damages to another person or to the other person's property as long as the members were acting within the scope of their employment or their official duties and as long as the members were following a lawful command. The immunity applies to the members who were issuing the lawful command and to the members who were obeying the lawful command.

Res Ipsa Loquitur

In a personal injury action, a plaintiff usually must prove that a defendant was negligent and that the defendant's negligence caused the plaintiff's injuries. However, in some cases, there is no direct evidence of negligence. For example, spectators are watching a basketball game in a high school gymnasium.

Actions Against Parents for Torts of Children

Generally, parents are not liable for the torts of their minor children. However, there are exceptions to this general rule, and parents may be held liable in certain circumstances.

Specific Intent vs. General Intent

In order to prove an intentional tort, such as assault or battery, the plaintiff must show that the defendant intended to commit the tort. Intent may be either specific or general.

Federal Tort Claims Act - Discretionary Function Exception

The Federal Tort Claims Act (FTCA) bars claims that are based on the performance or failure to perform a discretionary function or duty of a federal agency or federal government employee, even if there is an abuse of discretion. According to this "discretionary function exception," a personal injury action cannot be filed under the FTCA if the employee's negligence arises from a discretionary function or the execution of a statute or regulation.