| Attorney Malpractice Liability to Client |
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| A client may hire an attorney to prosecute an action against another party, defend an action against the client, appeal an action involving the client, or prepare transactional documents for the client. In each of these tasks, the attorney might not perform as he is required. In such a case, the client who suffers damages may bring a legal malpractice action against the attorney. An attorney commits legal malpractice by failing to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. The client's action may be based on breach of contract, breach of fiduciary duty, or negligence.More... |
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| Liability of Air Traffic Controllers |
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| Air traffic controllers are responsible for the flow of air traffic in and around airports. The controllers must be licensed by the Federal Aviation Administration (FAA). The duties of the controllers are set forth in operations manuals that are prepared by the FAA. The controllers must transmit the information that is set forth in the manuals and must take all steps that are necessary for the safety of pilots and passengers.More... |
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| The Jones Act -- Maintenance and Cure |
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| Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "maintenance" and "cure" benefits from his employer, even if the employer was not negligent and the vessel was not unseaworthy. Maintenance and cure benefits are similar to workmen's compensation benefits; however, no government agency is involved in the administration of maintenance and cure benefits. More... |
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| Attorney Malpractice Liability to Non-Client |
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| In the course of an attorney's representation of a client, he may commit legal malpractice with respect to his prosecution, defense, or appeal of the client's action or his preparation of transactional documents for the client. The attorney's actions may constitute legal malpractice if he fails to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. In addition to being liable to the client, the attorney may also be liable to a non-client in certain circumstances.More... |
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| Rules Regarding Unusual Driving Conditions |
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| When the weather or other conditions affect a driver's view of a highway or roadway, the driver has a duty to act with reasonable care under the circumstances. In other words, the driver is required to act with the same degree of care that a reasonable person would have acted under the circumstances.More... |
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