Personal Injury Newsletter

The Jones Act -- Unseaworthiness Claims

The owner of a vessel has an absolute duty to provide a seaworthy vessel for his crew. Therefore, an injured seaman may sue the owner of the vessel on which the seaman was working if the vessel was unseaworthy at the time of the accident. A vessel is unseaworthy if it, its equipment, or its crew are not reasonably fit for their intended purpose.More...

Federal Jurisdicton in Recreational Boating Accidents

When a recreational boating accident occurs, the first determination that must be made is whether a federal court or a state court has jurisdiction over a lawsuit that is filed with regard to the accident.More...

Tax Consequences to a Payor of a Damages Award

When a defendant has been ordered to pay a plaintiff damages in a tort action or has agreed to pay damages to the plaintiff under a settlement agreement, the damages that are paid by the defendant are generally treated for tax purposes as any other expenses that are paid by the defendant. The damages will generally be deductible if they are paid by the defendant directly and are not paid by the defendant's insurance company. The damages will generally be considered to be an ordinary business expense unless they relate to a capital asset and are considered to be a capital expenditure. Capital expenditures are not deductible. They can only be added to the defendant's basis for the capital asset. More...

Liability of Owners of Baseball Stadiums

Injuries at baseball stadiums occur to both spectators and participants. They may be able to recover for their injuries in certain circumstances based on the negligence of the owner of the stadium. However, the owner may successfully defend against a lawsuit in certain circumstances.More...

Negligent Infliction of Emotional Distress

People may suffer emotional distress that manifests itself as mental suffering, mental anguish, nervous shock, fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea. Historically, claims for damages for emotional distress caused by a defendant's negligence were usually denied. However, almost every state now recognizes the right to recover for negligent infliction of emotional distress.More...