Newsletters
Recovery by Guest in Automobile Cases
A "guest" in an automobile is a person who rides in an automobile driven by another person for his own pleasure or business without paying the driver or conferring any benefit on him. If the guest is injured while riding in the driver's automobile, he may be permitted to recover for any injuries that he suffers. His recovery will depend on whether or not a "guest statute" applies in the jurisdiction.
Mitigation of Damages
Mitigation of damages is sometimes referred to as the doctrine of avoidable consequences. The doctrine requires a plaintiff who is injured by a defendant to take steps to minimize his damages. It applies after the defendant commits the tort but at a time when the plaintiff still has an opportunity to avoid at least part of the consequences.
Federal Volunteer Protection Act -- Additional Liability Issues
The federal Volunteer Protection Act (VPA) grants civil immunity to a volunteer who harms a person while performing services for a nonprofit organization or governmental entity. However, the VPA does not grant immunity to the nonprofit organization or governmental entity. Therefore, the VPA does not prohibit the person who has been harmed by the volunteer from filing a lawsuit against the organization or entity.
Fraud and Deceit
In the business world, making fraudulent or deceitful representations to others may give rise to liability. A "representation" may consist of words or conduct.
Federal Volunteer Protection Act -- Applicability
The federal Volunteer Protection Act (VPA) applies to "volunteers."
