In one decade, cellular telephone use has gone from being a novelty for the fortunate few, to being commonplace in our society.  Most Americans have a "cell phone" and many use them while driving. In light of the associated dangers, highway safety advocates argue that cell phone use while driving ... More

Governments and government agencies are potentially liable for accidents caused, in whole or in part, by defects in highway design and maintenance. Such liability is heavily dependent on local law and the extent to which the doctrine of "sovereign immunity" is enforced in a particular state. Sovereign ImmunityThe doctrine of "sovereign ... More

A "compact" can be an agreement among states regarding a matter of mutual interest.  As the automobile became more ubiquitous, states began signing compacts to share information regarding drivers and traffic violations.  The Driver License Compact (DLC) and Nonresident Violator Compact (NRVC) constitute such agreements and have facilitated the sharing ... More

Although the amusement park industry is well known for its ability to provide fun-filled family entertainment, numerous injuries and deaths have occurred in them. In 2001 alone, there were three amusement park fatalities and nearly 8,500 amusement ride injuries treated in hospital emergency rooms. Despite these figures, the industry remains ... More

The U.S. Supreme Court was recently asked to decide whether liability could be imposed upon an international air carrier for its refusal to assist a passenger that ultimately died. BackgroundIn December 1997, Dr. Hanson and his wife traveled from San Francisco to Athens and Cairo for a ... More

Many state laws require criminal defendants to pay restitution to their victims and/or to the state for harm directly caused by the defendant's crimes.  Such laws are generally enacted to provide compensation for a broad array of costs resulting from crimes such as fraud, personal injury, death or property damage.  ... More

Upon termination of a marriage by divorce, one of the most difficult problems is often division of the couple's real and personal property. Although there are considerable differences in the way states treat property acquired by spouses while married, there are two common types of distribution schemes. Community Property v. ... More

Injuries frequently occur to participants in certain "contact sports," such as football or hockey. The law in general allows an injured individual to recover damages caused by the actions of another, providing certain conditions are met. However, most jurisdictions recognize an exception for injuries that occur during sports activities. Actions ... More

Elder abuse is a growing problem. As medical conditions become more serious and debilitating, the elderly are often unable to care for themselves. Accordingly, the elderly may become more dependent on those who care for them, and subsequently, more susceptible to abuse. While many elders live in nursing homes, most ... More

Assault and battery are crimes in virtually every state. However, both assault and battery may also form the basis for a civil suit for damages. In some states, the two are combined as one crime for criminal law purposes, but are separate and distinct "torts" for purposes of ... More

When a vehicle accident results in damage, injury, or death, the party whose carelessness (negligence) caused the accident may be held financially liable, in whole or in part, for the damages and injuries sustained. The process of determining who was "at fault" varies from state to state, and some states ... More

Lead is a toxin that is most commonly encountered in paint manufactured before 1978. The most common victims of lead poisoning are children who ingest paint chips containing lead. Areas in the home that are painted with lead-based paint, such as railings, fences, doors and window sills, can be a ... More