accidents and injuries

Allen Charge

Definition

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Some states prohibit Allen charges, because they deem them coercive, but the U.S. Supreme Court upheld their use in Allen v. U.S., 164 U.S. 492 (1896).

one-bite rule

Definition

A rule that says that the owner of a domesticated animal (e.g., a dog) will be held strictly liable for injuries caused by the animal only if the owner knew or should have known about the animal’s dangerous or vicious propensities, which have been manifested in the past. The burden of proof is on the injured party to show that the animal owner possessed this knowledge. The “one-bite” rule originated in common law and has been rejected or modified by most states, either by statute or by case law, with regard to dogs.

Jones Act

The Merchant Marine Act of 1920, known as the Jones Act, is a federal statute establishing support for the development and maintenance of a merchant marine in order to support commercial activity and serve as a naval auxiliary in times of war or national emergency (See 46 USC § 50101). 

The statute, among other things, requires shipping between US ports to be conducted by US-flag ships. (46 USC § 50102.)

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Attractive Nuisance

Definition

A dangerous condition on a landowner’s property that may attract children onto the land and may involve risk or harm to their safety. Because child trespassers may not appreciate the risks that the dangerous condition poses, landowners have the duty to either eliminate that danger or make it inaccessible to trespassing children.

Admission

Definition

1) A person's, in particular a party's, statement acknowledging that a certain fact is true or silence after another party's assertion of a fact that, if false, would typically elicit a denial. 2) Admission by a party-opponent: an out-of-court statement by a party that is against the party's interest and that is admissible against the party, because admissions by party-opponents are not considered hearsay.

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