Michael R. Casper, P.C. - Untitled 1

Defendant's Wrongful Use of Process

It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an...

Custom as Proof of Negligence

In some circumstances, custom may be used as proof of negligence in a personal injury action.

For example, a worker in a sawmill is injured when he or she accidentally puts his or her hand onto the blade of an electric saw....

Federal Volunteer Protection Act -- Applicability

Covered Persons

The federal Volunteer Protection Act (VPA) applies to "volunteers." Under the VPA, a "volunteer" is a person (including a director, officer, trustee, or direct service volunteer) who performs...

TORT LIABILITY OF MUNCIPALITIES

Governments: Local Governments:Claims By & Against

When a municipality is acting within its governmental capacity or is performing a governmental function, such as providing water or utility...

TORT LIABILITY OF TENANTS

Because a tenant is an occupier of property, the tenant is liable for all dangerous conditions or activities that are conducted on the property just as any other occupier of property would be. However, the tenant is only liable for areas over...