Personal Injury Newsletters

Federal Laws Regarding Recreational boating accident

Federal law will apply to a recreational boating accident when a lawsuit is brought in a federal district court based upon the federal court’s admiralty or diversity of citizenship jurisdiction. A federal court’s admiralty jurisdiction exists when the accident occurred on the high seas or on navigable waters. The high seas are waters that are within the jurisdiction of another country. Navigable waters are waters that are used in interstate or foreign commerce. Diversity of citizenship jurisdiction exists when the parties to the lawsuit are from different states.

Liability of Partners and Joint Venturers

Generally, each member of a partnership or joint venture is vicariously liable for the wrongful conduct of another member if the wrongful conduct occurs within the scope and course of the affairs of the partnership or joint venture. Therefore, each member of a partnership or joint venture will be liable for personal injuries caused by another member’s negligence if the negligence occurs within the scope and course of the affairs of the business.

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.

Specific Intent vs. General 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. Intent may be either specific or general.

The Jones Act — Overview

The Jones Act is a federal law designed to compensate seamen who are injured while working aboard vessels in navigable waters.