Personal Injury Newsletters

Abuse of Process

It should be obvious that the purpose of the civil justice system is to permit people to obtain justice. Unfortunately, people sometimes try to use the civil justice system for improper purposes, such as revenge. As one would expect, using the civil justice system solely for improper purposes is prohibited by law. The personal injury lawsuit that addresses improper use of the civil justice system, and improper use of the criminal justice system other than malicious prosecution, is known as abuse of process.

Action by a Spouse for a Tort against the Other Spouse

When one spouse is injured as a result of a defendant's negligent or tortious conduct, the other spouse is entitled to file an action against the defendant for his or her damages as a result of the defendant's conduct. The spouse who is injured is referred to as the impaired spouse.

Alienation of a Spouse's Affections

Under the common law, there existed a tort for the alienation of a spouse's affections. Although most states have enacted statutes that have abolished the tort, there are approximately nine states that permit such a tort action to be brought against a third party.

Defamation of a Plaintiff

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 Jones Act -- Unseaworthiness Claims

The owner of a vessel has an absolute duty to provide a seaworthy vessel for his crew. Therefore, an injured seaman may sue the owner of the vessel on which the seaman was working if the vessel was unseaworthy at the time of the accident. A vessel is unseaworthy if it, its equipment, or its crew are not reasonably fit for their intended purpose.