A statute of limitations is the time period in which a plaintiff must file a lawsuit against a defendant. A statute of limitations benefits the defendant. It gives the defendant an opportunity to defend the lawsuit while witnesses are available and while the facts are fresh in the minds of the witnesses. The plaintiff is barred from filing a lawsuit …
Federal Teacher Protection Act — Exceptions
Under the federal Teacher Protection Act (TPA), a school employee may be immune from civil liability when a student is injured as a result of the employee’s attempt to discipline or control the student. However, the TPA does not apply if: (1) the employee was not acting within the scope of his or her employment when the harm occurred; (2) …
Dram Shop Laws
Under a “dram shop law,” a business that sells alcohol to an intoxicated customer may be liable when the customer injures a third party. Most dram shop cases involve drunk driving. For example, a customer becomes intoxicated at a bar and then attempts to drive home. On his way home, the customer hits a pedestrian with his car. If the …
Causing a Spouse to Separate from or to Refuse to Return to Another Spouse
Under the common law, there existed a tort for causing a spouse to separate from or to refuse to return to another spouse. Although most states have enacted statutes that have abolished the tort, there are a few states in which a spouse may bring an action against a third party for the tort. Two Circumstances The tort of causing …