Personal Injury Newsletters

Assumption of Risk

Under the legal doctrine of "assumption of risk," a person will not be liable for another person's injuries if the injured person has voluntarily undertaken a risk with knowledge of the dangers that are posed by the risk. The doctrine of assumption of risk may be used as a defense to a personal injury action.

Defamation of a Public Figure

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 fifth element for defamation of a public official or public figure.

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.

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.

The Military Claims Act

When a person has died, has sustained injuries, or has sustained property damage as a result of the activities of military personnel or civilians who are employed by the military, the person or his or her representative may be entitled to recover damages from the federal government under the Military Claims Act (MCA).

If We Can Fight For Our Country, We Can Fight For You.

Attorneys Dan Jason and Claire Bradley Jason are Military Veterans with a combined 16 years on active duty as Captains and Judge Advocates in the United States Army. Dan served at several military installations, including as Trial Defense Counsel with the Army's 2nd Infantry Division, South Korea; and Group Judge Advocate with the U.S. Army Criminal Investigations Command, Ft. Gillem, GA. Claire is an Operation Desert Storm Combat Veteran and served in a host of other installations. After moving into the Reserves, both attained the ranks of Major before their honorable discharges in 2002. Dan and Claire received several awards for their military service.