Newsletters

Federal Tort Claims Act -- Scope of Employment

The Federal Tort Claims Act (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting within the scope of his or her employment, under circumstances where a private person would be liable under state law. Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment. Generally, a federal government employee is acting within the scope of his or her employment if the employee is engaged in an authorized activity that serves a governmental purpose.

False Imprisonment

Have you ever been detained for questioning at a department store because an item in your shopping bag set off an alarm at the exit? If so, you may have considered suing the store for false imprisonment. In most cases, however, you would lose.

Federal Volunteer Protection Act -- Additional Liability Issues

The federal Volunteer Protection Act (VPA) grants civil immunity to a volunteer who harms a person while performing services for a nonprofit organization or governmental entity. However, the VPA does not grant immunity to the nonprofit organization or governmental entity. Therefore, the VPA does not prohibit the person who has been harmed by the volunteer from filing a lawsuit against the organization or entity.

Classifying Torts

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law is classified.

Proving Defamation Damages

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 fourth element, actual damages.