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The Jones Act -- Unseaworthiness Claims
The owner of a vessel has an absolute duty to provide a seaworthy vessel for his crew. Therefore, an injured seaman may sue the owner of the vessel on which the seaman was working if the vessel was unseaworthy at the time of the accident. A vessel is unseaworthy if it, its equipment, or its crew are not reasonably fit for their intended purpose.
Claims against the Government
Under the legal doctrine of sovereign immunity, the government cannot be sued without its permission. Sovereign immunity protects the federal government, state and local governments, and government agencies from personal injury lawsuits. However, most governments (including the federal government) have passed laws that waive their sovereign immunity under certain circumstances.
STATUTES OF LIMITATIONS IN TORT CASES
A statute of limitations is the time period in which a plaintiff must file a lawsuit against a defendant. A statute of limitations benefits the defendant. It gives the defendant an opportunity to defend the lawsuit while witnesses are available and while the facts are fresh in the minds of the witnesses. The plaintiff is barred from filing a lawsuit after the statute of limitations has expired.
Tort Action for Dangerous Employment of a Minor Child
A person who employs a minor child in a dangerous occupation may be liable to the child's parent for harm that is sustained by the child. An occupation is considered to be dangerous if it involves a risk of death or serious bodily harm because of the age and inexperience of the child. The occupation does not have to be dangerous for an adult in order for the employer to be liable to the parent.
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.
