Jeffrey J. Lowe, P.C.
Personal Injury Newsletter
Professional Rescuers
 
A rescuer who comes to the aid of a victim of a peril may be either an amateur or a professional, such as a firefighter or a police officer. With respect to amateur rescuers, the "rescue doctrine" may apply to allow the rescuer to recover against the creator of the victim's peril for injuries that he sustains during the rescue. However, professional rescuers are generally unable to rely on the rescue doctrine to recover for their injuries. Instead, the "fireman's rule" ordinarily prevents professionals from recovering without regard to the negligence of the creator of the peril.More...
 
Federal Volunteer Protection Act -- Preemption of State Law
 
The federal Volunteer Protection Act (VPA) preempts state laws to the extent that such laws are inconsistent with the VPA. However, state laws that offer additional protections to volunteers are not preempted by the VPA. More...
 
Liability of a Cruise Ship for Emotional Distress Claims
 
Under the Coast Guard Authorization Act of 1996, cruise ships may use ticket contracts to disclaim liability for emotional distress, mental suffering, and psychological injury claims by passengers. More...
 
Tort Action for Interference with a Right to Vote or to Hold Office
 
Under the common law, a person commits a tort when he or she intentionally deprives another person of his or her right to vote or of his or her right to hold office. A person also commits a tort when he or she seriously interferes with the other person's right to vote or to hold office. A person who commits this tort is liable to the other person for damages. More...
 
Tort Action for Interference with a Dead Body
 
Under the common law, a person commits a tort when he or she intentionally, recklessly, or negligently removes, withholds, mutilates, or operates upon the body of a dead person or when he or she prevents the proper burial or cremation of the dead body. The person who commits this tort is liable for damages to the family member or members of the deceased person. More...
 
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