Newsletters

Federal Volunteer Protection Act -- Exceptions

The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, under some circumstances, a volunteer is not immune from liability for such harm.

Rules Regarding Road Signs and Markings

A state transportation department has the duty to place and maintain appropriate signs, signals, and other traffic control devices on highways that are under its jurisdiction. The state transportation department also has the duty to place and maintain signs, signals, and other traffic control devices that are in accordance with the state's vehicle or transportation code.

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 or her 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 or her negligent act did not cause the plaintiff's injury.

Tort Action for Sale of Habit-Forming Drug to a Spouse

Most states have enacted statutes that prohibit the sale of intoxicating liquors to a person who is intoxicated or who is known to be addicted to alcohol. These statutes may also extend to the sale of a habit-forming drug to a person who is known to be addicted to drugs.

The Collateral Source Rule

The "collateral source rule" is a legal rule that prevents a defendant from introducing evidence that a plaintiff has received payment from a third party. For example, a plaintiff is injured in an automobile accident with a defendant.