tort damages

Vicarious Infringement

Definition

Vicarious infringement is a form of secondary liability for direct infringement based on the common law principle of respondeat superior.

A person may be held liable for the infringing acts committed by another if he or she had the...

Vicarious Liability

Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties. See respondeat superior

Under common law, a member...

volenti non fit injuria

Definition from Nolo’s Plain-English Law Dictionary(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...

whiplash

A neck or back injury common in car accidents, whiplash occurs when the body is suddenly restrained (usually by a seatbelt), and the sudden stop causes the head to jerk, injuring the neck.

Wrongful death action

A civil action against someone who can be held liable for a death. Any tortious injury that caused someone's death may be grounds for a wrongful death action. Under the common law, a claim for wrongful death had to be brought by the decedent's...

Wrongful death statute

A statute that essentially codifies the common law claim of wrongful death, but modifies any rules that legislators deems arcane or unjust. For instance, modern wrongful death statutes permit the decedent's executor or administrator to bring the...

Zone of danger rule

Definition

A doctrine that limits the liability of persons accused of negligent infliction of emotional distress ("NIED"). If the zone of danger rule applies, plaintiffs suing for NIED may only recover damages if they were (1) "placed in immediate risk...

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