| Alternative Causes of an Injury |
| Ordinarily, a plaintiff in a personal injury action has the burden of proving that a defendant's negligence caused his injury. However, when a plaintiff proves that two defendants have committed negligent acts, and it is impossible to determine which act caused the plaintiff's injury, the burden of proof shifts to the defendants. Each defendant has the burden of proving that his negligent act did not cause the plaintiff's injury.More... |
| DEFENSES TO MOTOR VEHICLE NEGLIGENCE ACTIONS |
| When an owner or a driver of a motor vehicle is sued for negligence for an accident, the owner or the driver may claim several defenses in the lawsuit. Such defenses include that the person seeking damages was contributorily negligent, that the accident was unavoidable, that there was a sudden emergency, that the owner or the driver's conduct was not the proximate cause of the accident, or that the owner or the driver had an excuse. More... |
| TORT ACTIONS BY TENANTS AGAINST LANDLORDS |
| Although a tenant may be entitled to a breach of contract action against a landlord if the landlord violates a condition of the tenant's lease, the tenant may also be entitled to certain tort actions against the landlord. Such tort actions include actions for wrongful eviction, actions for interruption of utilities, actions for wrongful interference or conversion of personal property, or trespass actionsMore... |
| Transferred Intent |
| In order to prove an intentional tort, such as assault or battery, the plaintiff must show that the defendant intended to commit the tort. Under the doctrine of transferred intent, a defendant's intent to commit a tort against one person may be transferred to another person.More... |
| STATUTES OF REPOSE IN TORT CASES |
| A statute of repose in a tort case in the time period within which a plaintiff must bring his or her action against a defendant. A statute of repose is different from a statute of limitations in that it limits the plaintiff's right to bring a cause of action against the defendant before his or her cause of action accrues. A statute of limitations limits the plaintiff's right to file a lawsuit after his or her cause of action has accrued.More... |
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