. Ain & Stein, LLC

Personal Injury Newsletter
Michael M. Ain
Gary A. Stein
Acts of God
 
In the context of the law, an "act of God" is an accident caused by extraordinary natural forces. An accident caused by lightning, a flood, a hurricane, or an earthquake may constitute an act of God. More...
 
Federal Tort Claims Act -- Intentional Torts Exception
 
The Federal Tort Claims Act (FTCA) applies to claims arising from the negligence of a federal government employee. The FTCA specifically bars claims that arise from an "intentional tort" committed by a federal government employee. More...
 
Common Law Tort Action Against Person Having Sexual Relations with Female Child
 
Under the common law, a person who has sexual relations with a female child is liable to the child's parent for damages. The tort action is based on the parent's lack of consent. Damages are based on the parent's loss of services or the medical expenses that the parent incurred on behalf of the child as a result of the sexual relations. Although these types of cases are quite rare and some states have abolished actions for these types of cases, there are still some states in which the cause of action may be maintained. More...
 
Comparative Negligence vs. Contributory Negligence
 
Under the legal doctrine of comparative negligence, when both the plaintiff and the defendant are guilty of negligence, the plaintiff's damage award will be reduced by the amount of his responsibility for the accident. For example, a motorcycle rider collides with a truck driver at an intersection. More...
 
Federal Jurisdicton in Recreational Boating Accidents
 
When a recreational boating accident occurs, the first determination that must be made is whether a federal court or a state court has jurisdiction over a lawsuit that is filed with regard to the accident.More...
 
 
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