TORT LIABILITY OF MUNCIPALITIES

When a municipality is acting within its governmental capacity or is performing a governmental function, such as providing water or utility services, it is generally not liable for negligence with regard to the governmental function. However, if the municipality is acting in a proprietary manner, that is, when it owns or maintains real or personal property, the municipality may be liable for the negligence of its representatives, agents, and employees.

Transferred Intent

In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defendant intended to commit the tort. Under the doctrine of transferred intent, a defendant's intent to commit a tort against one person may be transferred to another person.

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.

Tort Law - Generally

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses the words used to describe those who commit torts and how tort law is a particular collection of accepted legal theories for suing people for money.

Tort Action for Failure to Provide Facilities to the Public

Under the common law, a person commits a tort when he or she fails to provide a public utility or a public facility to a member of the public. In order to be liable for this tort, the person must have a non-contractual duty to provide the public utility or the public facility to the public. A denial of the public utility or the public facility constitutes a breach of that duty.