Law Office of Jerome E. Clair
Serving the employment law and personal injury community.
Personal Injury Newsletter
The Duty of Adults to Children
 
Generally, the law requires a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This is called "the duty of reasonable care." A person who breaches his duty of reasonable care is guilty of negligence.More...
 
Action by a Parent for a Tort against His or Her Child
 
In accordance with general tort principles, a person who injures a child through his or her tortious conduct is liable to the child for the child's damages. A parent who is entitled to the child's services or who has a legal duty to provide medical treatment for the child is also entitled to damages from the person for the person's tortious conduct towards the child. More...
 
Tax Consequences of a Settlement in a Tort Action
 
When a plaintiff and a defendant enter into a settlement of the plaintiff's tort action, the tax consequences of the settlement will depend upon whether the damages are allocated in the settlement agreement. More...
 
Defense of Others
 
In an action against a defendant for an intentional tort, such as battery, the defendant may defend the action by claiming that he or she acted in self-defense. Similarly, under some circumstances, a defendant may claim defense of others as a defense. Defense of others is a proper defense when the person the defendant was trying to defend would have been justified in using force to defend himself or herself. More...
 
Rules Regarding Driving on the Right Side of a Road and Passing Another Vehicle
 
A motor vehicle driver is generally required to drive on the right side of a road. However, the driver does not need to drive on the right side of the road when he or she is passing another vehicle, when he or she is making a left turn, when the right side of the road is closed to traffic, or when the road has one-way traffic. More...
 
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