| Defamatory Statements |
| 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 first element, making a false statement. A false statement of fact about a person that tends to harm the person's reputation is known as a defamatory statement.More... |
| Duty of a Correctional Facility to Prevent Suicide |
| Jails, prisons, and other types of correctional or detention facilities have a legal duty to ensure the safety of their inmates. This duty arises because the facility has actual physical custody of and control over its inmates. As part of this duty, the facility has a limited duty to prevent its inmates from committing suicide while in custody. More... |
| No Strict Liability for Defamation |
| 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. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses a matter related to the fifth element, the prohibition against strict liability.More... |
| Negligence Per Se |
| Ordinarily, a jury determines whether a defendant was negligent in a personal injury action. However, in some cases, a court may determine that a defendant was "negligent per se." If a court determines that a defendant is guilty of negligence per se, then the defendant's negligence is conclusively established and the plaintiff is not required to offer further evidence of the defendant's negligence. More... |
| Tort Action for Interference with a Dead Body |
| Under the common law, a person commits a tort when he or she intentionally, recklessly, or negligently removes, withholds, mutilates, or operates upon the body of a dead person or when he or she prevents the proper burial or cremation of the dead body. The person who commits this tort is liable for damages to the family member or members of the deceased person. More... |
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