Tort Law versus Criminal Law

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses some of the distinctions between tort law and criminal law. Tort Law and Criminal Law, GenerallyIn a general way, the purposes of tort law and criminal law are similar. Tort …

Statutes of Limitations in Tort Cases

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 …