standards of tort liability
A legal standard used in negligence (personal injury) cases. The hypothetical reasonable person behaves in a way that is legally appropriate. Those who do not meet this standard -- that is, they do not behave at least as a reasonable person would -- are considered negligent and may be held liable for damages caused by their actions.
A legal doctrine that prevents people who are injured as a result of military service from successfully suing the federal government under the Federal Tort Claims Act. The doctrine comes from the U.S. Supreme Court case Feres v. United States, in which servicemen who picked up highly radioactive weapons fragments from a crashed airplane were not permitted to recover damages from the government. Also known as the Feres-Stencel doctrine or the Feres rule.
A death caused by the wrongful act of another, either accidentally or intentionally. A claim for wrongful death is made by a family member of a deceased person to obtain compensation for having to live without that person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.
A harmful act that is committed in an intentional and conscious way. For example, if your neighbor builds an ugly new fence and you intentionally mow it down with your truck, that's a willful tort. But carelessly backing into the fence as you pull out of your driveway is not willful, though it's still a tort. Compare: negligence
(voh-len-tI non fit in-joor-ee) Latin for "to a willing person, no injury is done." This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting injuries.
An activity or process that presents an unavoidable risk of serious harm to the other people or others’ property, for which the actor may be held strictly liable for the harm, even if the actor has exercised reasonable care to prevent that harm. Also termed abnormally dangerous activity; extrahazardous activity.
The pain, hurt, inconvenience, embarrassment, and inability to perform normal activities as a result of injury, for which a person injured by another's negligence or wrongdoing may recover general damages. Usually in the combination "pain and suffering."