Governmental Immunity from Suit

If a party is injured by some act of a governmental unit, official, or agency, he may or may not be permitted to sue. The reason that he may be barred from suing is because of "sovereign immunity." Traditionally, this doctrine protected governmental units, officials, and agencies from liability based on their tortious acts unless they had consented to being sued. Now, this immunity has been waived in large part and only applies in certain circumstances.

Nursing Home Abuse and Neglect

With the increased number of elderly people in our population and the increased number of elderly people who reside in nursing homes, there has been an increase in the number of tort actions involving nursing home abuse and nursing home neglect. Although both federal and state agencies are responsible for inspecting and regulating nursing homes, many nursing home residents are being subjected to situations that may constitute abuse or neglect.

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.

The Jones Act -- Maintenance and Cure

Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "maintenance" and "cure" benefits from his employer, even if the employer was not negligent and the vessel was not unseaworthy. Maintenance and cure benefits are similar to workmen's compensation benefits; however, no government agency is involved in the administration of maintenance and cure benefits.

Tort Action for Sale of Habit-Forming Drug to a Minor Child

A person who unlawfully sells or supplies a habit-forming drug to a minor child may be liable to the child's parent for damages. The person is liable to the parent if the parent incurred a loss of the child's services or if the parent incurred medical expenses on behalf of the child as a result of the sale of the habit-forming drug.