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 …
Medical Malpractice Screening Panel
Approximately twenty states in the United States employ medical screening panels to preview medical malpractice cases at the onset of litigation in an effort to screen out legally baseless claims. In addition to weeding out meritless cases, medical malpractice screening panels can encourage early settlement of cases. While each state’s panel differs slightly, most are made up of a combination …
Malpractice Liability of Sports Medical Care Providers
Children and young adults are playing a large variety of sports in ever-increasing numbers. As the number of participants increases, so does the occurrence of sports-related injuries and deaths resulting in more medical malpractice actions against team physicians and sports trainers. In this developing body of law, traditional medical malpractice principles usually govern claims by either amateur or professional athletes …